the registered trustee of the society of heralds of good news ifakara roman catholic diocese vs ms asthutosh m jog 2023 tzhc 22722 23 october 2023

UNITED REPUBLIC OF TANZANIA JUDICIARY HIGH COURT OF TANZANIA DISTRICT REGISTRY OF MOROGORO AT MOROGORO MISC. LAND APPLICATION NO. 53 OF 2023 THE REGISTRED TRUSTEE OF THE SOCIETY OF HERALDS OF GOOD NEWS IFAKARA ROMAN CATHOLIC DIOCESE APPLICANT VERSUS M/S ASTHUTOSH M.JOG ist RESPONDENT IFAKARA township council 2'^°RESP0NDENT THE PERMANENT SECRETARY OF THE MINISTRY OF MINERAL RESPONDENT THE HON.SOLICITOR GENERAL 4™ RESPONDENT ATTORNEY GENERAL 5™ RESPONDENT RULING Date of last Order; 23/10/2023 Date of Ruling: 23/10/2023 Page 1 of 4 BEFORE: 6. P. MALATA.J The applicant herein filed an application seeking restraint Order pending expiry df ninety(90)days'notice of intention to sue the Government. This type of application is called mareva injunction. j The application was made under section 2(3) of the Judicature and Application of Laws Act. Cap 358 R. E. 2019 and section 95 of the Civil Procedure Code, Cap 33 R. E. 2019. The application was accompanied by affidavit sworn by Mr. Augustine Mathern Kusalika learned Counsel for the I applicant. i ! On 23/10/2023 this matter came for hearing the applicant failed to appear while respondents appeared represented. The first respondent appeared through! Mr. Ridhiwan Mbaga, learned counsel, whereas the 2"^ to 5'^ respondents appeared through Ms. Lightness Tarimo and Mr. Nzumbe Machunda both learned State Attorneys. Both counsels for the respondents jointly submitted that the matter was for hearing and the applicant failed to appear without any notice to the court. In circumstance the remedy is to dismiss the application under Order IX Rule 5 of the Civil Procedure Code, Cap. 33 R. E. 2019 for want of prosecution. j Page 2 of4 They all prayed that the matter be dismissed with costs. This court has gone through the court record and noted that, the application was filed on 21/07/2023 under the certificate of urgency. On 23/08/2023 both parties appeared before the Deputy Registrar and the matter was scheduled for mention on 18/10/2023. I On 18/10/2023 only the respondents appeared and the applicant failed to appear.; The matter was adjourned and scheduled for hearing on 23/10/2p23. Once again, only the respondents appeared and applicant failed to enter appearance. The nonappearance of the applicant on the hearing date drew an inference that, certainly the applicant lost interest over the matter. In the eVent, the fundamental question is what is the available remedy in the circumstances. Here, the court considered, the opinion by the respondents'counsels that I I the matter be dismissed. This court shares similar view that, the applicant seems to have lost interest over the matter as such this case cannot be left unattended. Consequently, this court is inclined to agree with the respondents'position that the: remedy is to dismiss it for want of prosecution. In the result I Page 3 of 4 Miscellaneous Land Application no. 53/ 2023 between the parties herein is hereby dismissed under Order IX Rule 5 and section 95 both of the Civil Procedure Code, Cap 33 R.E 2019. Costs to follow the event. IT IS SO ORDERED DATEDafeMOROGORO this 23rd October, 2023 cOuRT O A G. P. M TA JUD 23/10/2023 RULING delivered at MOROGORO in chambers this 23^^ October, 2023 in the presence of Mr. Ridhiwan Mbaga, learned counsel,for the respondent and Ms. Lightness Tarimo and Mr. Nzumbe Machunda both learned State Attorneys for 2"'^ to 5^^ respondents. cour o 7^ 2:- f— > G. P. MA A JUDGE 23/10/2023 Page 4 of 4