mathias njile bubinza vs agricultural imputes trust fund others 2016 tzhc 2046 23 june 2016

mathias njile bubinza vs agricultural imputes trust fund others 2016 tzhc 2046 23 june 2016

The plaintiff failed to provide lawful or credible evidence of illness for himself or his advocate, and the pattern of delay and lack of seriousness in prosecuting the suit justified dismissal under Order XVI rule 20 of Cap.33.

Citation
mathias njile bubinza vs agricultural imputes trust fund others 2016 tzhc 2046 23 june 2016
Parties
Plaintiff: Mathias Njile Bubinza; 1st Defendant: Agricultural Imputes Trust Fund; 2nd Defendant: Ubapa Company Limited Musoma; 3rd Defendant: Abdallah Salehe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 June 2016
Procedural Posture
Civil / Judgment After Hearing on Adjournment Application
Outcome
Suit dismissed with costs against the plaintiff.
Legal Topics
Adjournment, Dismissal for Want of Prosecution, Costs, Right to Legal Representation, Delay of Proceedings
Source Language
English
Civil Procedure Adjournment Dismissal for Want of Prosecution Costs Right to Legal Representation Delay of Proceedings

Case Brief

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Parties

Mathias Njile Bubinza

Plaintiff

Agricultural Imputes Trust Fund

1st Defendant

Ubapa Company Limited Musoma

2nd Defendant

Abdallah Salehe

3rd Defendant

Procedural Posture

Civil / Judgment After Hearing on Adjournment Application

Legal Issues

  1. 1 Whether the plaintiff had lawful excuse for not proceeding with the hearing
  2. 2 Whether the suit should be dismissed for want of prosecution under Order XVI rule 20 of the Civil Procedure Code

Ratio Decidendi

The plaintiff failed to provide lawful or credible evidence of illness for himself or his advocate, and the pattern of delay and lack of seriousness in prosecuting the suit justified dismissal under Order XVI rule 20 of Cap.33.

Court Disposition

Suit dismissed with costs against the plaintiff.

Orders

  • Suit is dismissed under Order XVI rule 20 of Cap.33.
  • Plaintiff to pay costs to the defendants.