supersity coltd vshamis mpululu kassim and anther 2021 tzhcld 159 11 june 2021
- Citation
- supersity coltd vshamis mpululu kassim and anther 2021 tzhcld 159 11 june 2021
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 11 June 2021
- Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Language
- English
More details
- Court
- TANZLII
- Decision
- 11 June 2021
- Posture
- Miscellaneous Application / Ruling on Application for Extension of Time
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The applicant failed to appear and prosecute the application for 12 months, demonstrating loss of interest and non-compliance with court orders, justifying dismissal for want of prosecution.
Court disposition
Application dismissed for want of prosecution.
Orders
- Miscellaneous Application No. 126/2020 is dismissed for want of prosecution.
02
Material facts
Parties
Super Sity Co. Ltd
ApplicantHamis Mpululu Kassim and Another
Respondents03
Procedural history
Posture
Miscellaneous Application / Ruling on Application for Extension of Time
04
Questions and positions
Legal issues
- 01
Whether the applicant has shown sufficient cause for extension of time to file revision
- 02
Whether non-appearance and non-compliance with court orders warrants dismissal for want of prosecution
Party arguments
- Applicant
- No arguments presented due to non-appearance.
- Respondent
- No arguments presented due to non-appearance.
05
Court’s reasoning
Legal principles
- 01
Court's reasoning
Court orders must be complied with; non-compliance is disrespectful and disrupts administration of justice.
- 02
Court's reasoning
Litigants must prosecute their cases diligently; failure to appear may result in dismissal for want of prosecution.
06
Ratio, limits and disposition
Ratio decidendi
The applicant failed to appear and prosecute the application for 12 months, demonstrating loss of interest and non-compliance with court orders, justifying dismissal for want of prosecution.
Obiter and limits
- Doors of the court must be open for the right to be heard, but not to harbor sloppiness.
Court disposition
Application dismissed for want of prosecution.
- Miscellaneous Application No. 126/2020 is dismissed for want of prosecution.
Source and reliance status
TANZLII · 11 June 2021
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Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 11 June 2021
IN THE HIGH COURT OF TANZANIA
LABOUR DIVISION
AT DAR ES SALAAM MISCELLANEOUS APPLICATION NO. 126 OF 2020 SUPER SITY CO. LTD............................................. APPLICANT
VERSUS HAMIS MPULULU KASSIM AND ANOTHER....... RESPONDENTS
RULING Date of last Order: 23/04/2021 Date of Ruling: 11/06/2021 Z.G.Muruke, J. Applicant filed present application on 9th April, 2020 for an extension of time within which to file revision to challenge decision of Commission for Mediation and Arbitration dated 10th December, 2019. Since filing applicant was represented once, on 17/06/2020, despite several court orders applicant has appeared once. That is not health situation to consumer's of justice. Court orders has to be complied with. None compliance of court orders not only is a disrespect, but create chaos on entire administration of justice. Applicant for not appearing since 17th June, 2020, not only is disobedience of court orders, but, has turned this court into library of litigants case files. Whoever, knock the door of any court, must be ready to prosecute his/her case. I understand doors of the court must be wide i open for furtherance of right to be heard, but not to the extent of harboring sloppiness. From the records, applicant has lost interest to prosecute her case by not appearing for 12 months. Therefore, Misc application number 126/2020 is dismissed for want of prosecution. . Z.G>Muruke IF
JUDGE 11/06/2021 Ruling delivered in the absence of both parties. Z.G.Muruke ’ " 1
JUDGE 11/06/2021
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