nelson msuya another vs tanzania fisheries development others 2016 tzhccomd 27 19 april 2016

nelson msuya another vs tanzania fisheries development others 2016 tzhccomd 27 19 april 2016

Rule 47 applies to any judicial session, including those for orders, and since no application was made within six months of the last adjournment, the suit must be dismissed.

Citation
nelson msuya another vs tanzania fisheries development others 2016 tzhccomd 27 19 april 2016
Parties
1st Plaintiff: Nelson Msuya; 2nd Plaintiff: Leonard Mususa; 1st Defendant: Tanzania Fisheries Development Company Limited; 2nd Defendant: Felix Mosha; 3rd Defendant: Generose Bateyunga; 4th Defendant: Chilwa Kilaki; 5th Defendant: George C. Joannou
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
19 April 2016
Procedural Posture
Commercial Case / Ruling on Dismissal for Want of Prosecution
Outcome
Suit dismissed for want of prosecution under Rule 47.
Legal Topics
Subjudice, Dismissal for Want of Prosecution, Application of Procedural Rules
Source Language
English
Civil Procedure Subjudice Dismissal for Want of Prosecution Application of Procedural Rules

Case Brief

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Parties

Nelson Msuya

1st Plaintiff

Leonard Mususa

2nd Plaintiff

Tanzania Fisheries Development Company Limited

1st Defendant

Felix Mosha

2nd Defendant

Generose Bateyunga

3rd Defendant

Chilwa Kilaki

4th Defendant

George C. Joannou

5th Defendant

Procedural Posture

Commercial Case / Ruling on Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the proper remedy for a subjudice matter is stay or dismissal
  2. 2 Whether Rule 47 of the High Court (Commercial Division) Procedure Rules, 2012 applies to adjournments not for hearing
  3. 3 Whether the Rules can be applied retrospectively

Ratio Decidendi

Rule 47 applies to any judicial session, including those for orders, and since no application was made within six months of the last adjournment, the suit must be dismissed.

Court Disposition

Suit dismissed for want of prosecution under Rule 47.

Orders

  • Each party shall bear own costs.