ruth twissa vs israel salath mwakila others 2019 tzhc 83 25 october 2019

ruth twissa vs israel salath mwakila others 2019 tzhc 83 25 october 2019

Plaintiff failed to attend mediation without utilizing legal alternatives for representation; court invoked section 29(a) of GN. No. 381/2019 and dismissed the suit for non-compliance.

Citation
ruth twissa vs israel salath mwakila others 2019 tzhc 83 25 october 2019
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 for failure to attend mediation
Legal Topics
Mediation Attendance, Dismissal for Non Compliance, Civil Litigation Amendments
Source Language
English
Civil Procedure Land Law Mediation Attendance Dismissal for Non Compliance Civil Litigation Amendments

Case Brief

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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

Legal Issues

  1. 1 Whether failure of the plaintiff to attend mediation warrants dismissal of the suit under section 29 of GN. No. 381/2019

Ratio Decidendi

Plaintiff failed to attend mediation without utilizing legal alternatives for representation; court invoked section 29(a) of GN. No. 381/2019 and dismissed the suit for non-compliance.

Court Disposition

Suit dismissed for failure to attend mediation

Orders

  • Suit dismissed under section 29(a) of GN. No. 381/2019
  • Costs awarded to 2nd and 6th Defendants