mugaya masubo masyaga vs sophia h mmary 2022 tzhclandd 12742 25 november 2022
The application is dismissed for want of prosecution due to the applicant's failure to file written submissions as ordered by the court.
Source-derived case information.
- Citation
- mugaya masubo masyaga vs sophia h mmary 2022 tzhclandd 12742 25 november 2022
- Parties
- Applicant: Mugaya Masubo Masyaga; Respondent: Sophia H Mmary
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 25 November 2022
- Procedural Posture
- Miscellaneous Land Application / Ruling
- Outcome
- dismissed for want of prosecution
- Legal Topics
- Dismissal for Want of Prosecution, Extension of Time, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mugaya Masubo Masyaga
Applicant
Sophia H Mmary
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling
Legal Issues
- 1 Whether the application should be granted in absence of written submissions by the applicant
- 2 Whether failure to prosecute warrants dismissal
Ratio Decidendi
The application is dismissed for want of prosecution due to the applicant's failure to file written submissions as ordered by the court.
Court Disposition
dismissed for want of prosecution
Orders
- case dismissed for want of prosecution
- costs awarded to respondent
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT PAR ES SALAAM MISC. LAND CASE APPLICATION NO.527 OF 2022 (Originating from Land Appeal No.378 of2027) MUGAYA MASUBO MASYAGA...................................... APPLICANT VERSUS SOPHIA H MMARY................................... RESPONDENT RULING Date of Last Order. 16.11.2022 Date of Ruling: 25.11.2022 T, N, MWENEGOHA , J This application was brought under section 11 (1) of the Appellate Jurisdiction Act, Cap 141, R.E 2019. The applicant sought for the following orders;- 1. To lodge notice of intention to appeal to the Court of Appeal. 2. To lodge an application for leave to appeal to the Court of Appeal of Tanzania out of Time. 3. To enable the applicant to serve a letter requesting for certified records. 4. Costs of the application. 5. Any other order/relief this court will deem fit to grant. The application was ordered to proceed by way of written submissions in the following schedule. The applicant was supposed to file her written i submissions on the 26th October, 2022, followed by a reply from the respondent on the 9th November, 2022 and a rejoinder if any from the applicant on the 16th November, 2022. On the 16th of November, 2022, when the case was scheduled for mention, the respondent informed this Court that, he was informed by his advocate that, the applicant did not file his submissions in chief. The respondent's claim was not disputed by the applicant, indeed there are no submissions from the applicant in support of his application in the case file. That leaves this Court with no choice other than believing that the applicant has lost interest in prosecuting his case see, Wananchi Marine Product (T) Limited v. Owners of Motor Vehicle, Civil Case No. 123 of 1996, High Court of Tanzania, at Dar Es Salaam (unreported) and Leonard Nyang'ye v. The Republic, Misc. Criminal Application No. 39 of 2016 High Court of Tanzania at Mbeya, (unreported). Therefore, this case is hereby dismissed for want of prosecution, with costs. T. N. MWENEGOHA JUDGE 25/11/2022 2