Ruling Seni

THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA THE SUB-REGISTRY OF MWANZA

AT MWANZA LABOUR REVISION NO. 13183 OF 2024 (Original Labor Dispute No. CMA/MZ/NYAM/125/2023/066/2023) SENI MAHIGU SENI ..................................................................... APPLICANT

VERSUS MANSOOR INDUSTRIES LTD ................................................... RESPONDENT

RULING 3rd & 29th November, 2024 CHUMA, J The applicant Seni Mahigu Seni is aggrieved with the decisions of the CMA in Labour dispute No. CMA/MZ/NYAM/125/2023/066/2023 dated 10th day of May, 2024 by Hon. Msuwakollo. The applicant has preferred the instant application seeking this Court to revise the said Arbitral awards, quash and set aside the Arbitral proceedings and their resultant award and or orders and any other orders this court may deem fit to grant. This application was ordered to be disposed of by way of the written submission. According to the scheduling order, the applicant ought to file his submission on 30.10.2024, reply on 13.11.2024 and rejoinder if any by 20.11.2024, and ruling on 29.11.2024. 1 However, the available submission is that of the respondent filed by Mr. Innocent Bernard advocate for the respondent. In his submission he urged this court to dismiss the application for want of prosecution for failure of the applicant to file submission. Having gone through the record, there is no doubt as submitted by Mr. Innocent advocate for the respondent the applicant failed to file his submission for unknown reasons as per the ordered schedule. It has been held countless times that court orders must be respected. See the cases of Laemthong Rice Co. Ltd Vs. Principal Secretary Ministry of Finance Zanzibar, Civil Appeal No. 259 of 2019; and Mary Joseph Vs. Rachel

Zephania, Misc. Land Application No. 37 of 2020. It is also beyond doubt as correctly argued by Mr. Innocent's advocate for the applicant that, failure to file written submissions as ordered by the court is tantamount to non-appearance in court on the date fixed for the hearing. See the case of Kiputo S/o Ahmad Vs. Mariki S/o Mpenda & 3 Others Criminal Appeal No. 5 of 2021 (unreported) on page 5, last paragraph and page 6 last paragraph, Winfrida Lazaro Zabron Vs. Ryaga Yuda Ryaga & 6 Others, Civil Case No. 30 of 2022 (unreported), on pages 4 and 5and Godfrey Kimbe 2 Vs. Peter Ngonyani, Civil Appeal No. 41 of 2014 (unreported). Therefore, because the applicant failed to file his submission in chief in total disregard of the court order he has failed to prosecute his application. For the reasons considered and stated herein above, I dismiss this application for want of prosecution without cost. DATED at MWANZA this 29th day of November, 2024 W.M. CHUMA

JUDGE 3 Ruling delivered virtually in court before Mr. Silas John advocate for the Applicant and Mr. Innocent Bernard advocate for the respondent this 29th day of November, 2024. C. KISONGO

DEPUTY REGISTRAR 4