salu joseph maige vs kulwa joshua 2022 tzhc 14288 31 october 2022
The applicant failed to appear and did not serve the respondent, demonstrating lack of seriousness and abuse of court process; thus, the application to restore the dismissed application is denied.
Source-derived case information.
- Citation
- salu joseph maige vs kulwa joshua 2022 tzhc 14288 31 october 2022
- Parties
- Applicant: Salu Joseph Maige; Respondent: Kulwa Joshua
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 October 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application to Restore Dismissed Application
- Outcome
- Application dismissed
- Legal Topics
- Restoration of Dismissed Appeal, Want of Prosecution, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salu Joseph Maige
Applicant
Kulwa Joshua
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Restore Dismissed Application
Legal Issues
- 1 Whether the applicant has shown sufficient cause for restoration of the dismissed application
- 2 Whether repeated absence amounts to abuse of court process
Ratio Decidendi
The applicant failed to appear and did not serve the respondent, demonstrating lack of seriousness and abuse of court process; thus, the application to restore the dismissed application is denied.
Court Disposition
Application dismissed
Orders
- Application dismissed for want of prosecution
- File to be returned to the primary court for execution of its order for payment of compensation
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MWANZA AT MWANZA MISCELLANEOUS CRIMINAL APPLICATION CASE NO. 44 OF 2022 (Arising from Criminal Application No. 12 of2022, originating from Criminal case No. 25 of2021 in the District Court of Nyamagana at Mwanza) SALU JOSEPH MAIGE.........................................................APPELLANT VERSUS KULWA JOSHUA........................................................... RESPONDENT RULING 31st October, 2022 Kahyoza, J. Salu Joseph was an accused person before the primary court conducted him to pay a fine of Tzs. 200,000/= and compensation of Tzs. 1,600,000/=. He appealed to the District Court and lost the appeal. Dissatisfied still, he lodged an appeal to this Court. The appeal was first fixed for hearing on 7/12/2021. Salu Joseph Maige, the appellant and Kulwas Joshua, the respondent did not appear. The appeal was adjourned to another date. It was fixed for hearing on 21/2/2022. On that date both the appellant and the respondent were absent. The court dismissed the appeal for want of prosecution. Salu Joseph got information that his appeal was dismissed. He decided to institute an application seeking to restore the dismissed appeal. The i application was filed on 4/4/2022 and fixed for hearing on 4/07/2022. On that day both, the appellant and the respondent were absent. The court dismissed the application for want of prosecution. Later on 10/08/2022, Salu Joseph instituted another application seeking to restore the application dismissed on 4/4/2022. The application was fixed for hearing today 31/10/2022. The applicant is absent. As the record bears testimony, there is no proof that the applicant served the respondent. The applicant is not serious to pursue his appeal. He is abusing the court's due process. He prays hide and seek, he appears to file an appeal or application and disappears when it is fixed for hearing. Such a behaviour is condemned. I dismiss the application and order the file to be returned to the primary court for executing its order for payment of compensation. It is ordered accordingly. // Judge 31/10/2022 Court: Ruling delivered in the absence of the parties. C/C Ms. Jackline (RMA) present J.R.Kahyoza Judge 31/10/2022 2