20010817 TZHC Dar es Salaam 1
The applicant's explanation for non-appearance does not deserve sympathy; application to set aside dismissal is dismissed.
Source-derived case information.
- Citation
- 20010817 TZHC Dar es Salaam 1
- Parties
- Plaintiff: Tanzania Fisheries Corporation; Defendant: Zak Import and Export Company Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 17 August 2001
- Procedural Posture
- Civil / Application to Set Aside Dismissal Order
- Outcome
- Application dismissed with costs
- Legal Topics
- Dismissal for Non Appearance, Setting Aside Dismissal Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tanzania Fisheries Corporation
Plaintiff
Zak Import and Export Company Ltd
Defendant
Procedural Posture
Civil / Application to Set Aside Dismissal Order
Legal Issues
- 1 Whether the dismissal order under Order IX rule 8 of Civil Procedure Code should be set aside
Ratio Decidendi
The applicant's explanation for non-appearance does not deserve sympathy; application to set aside dismissal is dismissed.
Court Disposition
Application dismissed with costs
Orders
- Application to set aside dismissal order is dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
1 IN THE HIGH COURT OF TANZANIA .(DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM CIVIL CASE NO.375 OF 1998 TANZANIA FISHERIES CORPORATION........... PLAINTIFF VERSUS ZAK IMPORT AND EXPORT COMPANY LTD ...... DEFENDANT RULING MSUMI,JK: By consent of both parties the hearing of this suit was fixed on 22/5/2001. Neither the plaintiff nor his counsel appeared on that day. The suit was therefore dismissed under Order IX rule 8 of Civil Procedure Code. This application is for order of setting aside the said dismissal order. In support of the application, counsel for the applicant, both in his affidavit and written submission averred that he failed to appear because he had been asked by Advocate Cuthbert Tenga to hold his brief in the case which was before Kati ti J. In other words the learned counsel decided to appear in another court on behalf of another advocate at the expense of his case. In deciding the way he did, the learned counsel must be taken to have been prepared for any eventualities of his act. The time honoured wise saying that charity begins at home did not mean lt 2 i anything to him. On whatever consideration, the learned counsel's explan<:1tion does not deserve any degree of sympathy. Accordingly the application is dismissed with costs. JAJI KIONGOZI. 17/8/2001 For the plaintiff: Mwakasege/Hyera For the defendant: Mwakasege.