20191025 TZHC Dar es Salaam

20191025 TZHC Dar es Salaam

Plaintiff failed to attend mediation without utilizing statutory alternatives; court invoked section 29(a) of GN No. 381/2019 and dismissed the suit.

Citation
20191025 TZHC Dar es Salaam
Parties
Plaintiff: Ruth Twissa; 1st Defendant: Israel Salath Mwakila; 2nd Defendant: Silvanus B. Mlola; 3rd Defendant: Lawrent Ntanga; 4th Defendant: Isack Kihwili; 5th Defendant: Salehe Juma Salehe; 6th Defendant: Azania Bank Limited; 7th Defendant: Ubapa Company Limited & Tribunal Brokers
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 October 2019
Procedural Posture
Land Case / Ruling on Dismissal for Failure to Attend Mediation
Outcome
Suit dismissed
Legal Topics
Mediation, Dismissal for Non Attendance, Amendment of Pleadings
Source Language
English

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ruth Twissa

Plaintiff

Israel Salath Mwakila

1st Defendant

Silvanus B. Mlola

2nd Defendant

Lawrent Ntanga

3rd Defendant

Isack Kihwili

4th Defendant

Salehe Juma Salehe

5th Defendant

Azania Bank Limited

6th Defendant

Ubapa Company Limited & Tribunal Brokers

7th Defendant

Procedural Posture

Land Case / Ruling on Dismissal for Failure to Attend Mediation

  1. 1 Whether the suit should be dismissed due to Plaintiff's failure to attend mediation
  2. 2 Whether Plaintiff's counsel could have attended mediation on behalf of Plaintiff

Ratio Decidendi

Plaintiff failed to attend mediation without utilizing statutory alternatives; court invoked section 29(a) of GN No. 381/2019 and dismissed the suit.

Court Disposition

Suit dismissed

Orders

  • Suit dismissed for Plaintiff's failure to attend mediation
  • Costs awarded to 2nd and 5th Defendants