Tanzania Judgment

TANZLII

supersity coltd vshamis mpululu kassim and anther 2021 tzhcld 159 11 june 2021

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Source document

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

Applicant

Hamis Mpululu Kassim and Another

Respondents

03

Procedural history

  1. Posture

    Miscellaneous Application / Ruling on Application for Extension of Time

04

Questions and positions

Legal issues

Party arguments

Applicant
No arguments presented due to non-appearance.
Respondent
No arguments presented due to non-appearance.

05

Court’s reasoning

  1. 01

    Court's reasoning

    Court orders must be complied with; non-compliance is disrespectful and disrupts administration of justice.

  2. 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.

Source document

TANZLII

Judgment· 11 June 2021

supersity coltd vshamis mpululu kassim and anther 2021 tzhcld 159 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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