twahili chilumba mngwelule and 2 others vs crest mineral ltd 2023 tzhc 17252 11 may 2023

IN THE HIGH COURT OF TANZANIA (MTWARA DISTRICT REGISTRY) AT MTWARA LABOUR REVISION NO.5 OF 2022 (Originating from the Commission of Mediation and Arbitration for Lindi in Labour Dispute No. CMA/LIND/ARB/06/2021) TWAHILI CHILUMBA MNGWELULE AND 2 OTHERS................... ...APPLICANTS VERSUS CREST MINERALS LTD............... ............................RESPONDENT RULING 11/5/2023 LALTAIKA, J. Dissatisfied with an Award of the Commission for Mediation and Arbitration for Lindi at Lindi delivered on the 27th day of August 2021 (Hon. Kweka, A.J., Arbitrator) the applicants herein preferred this application for revision against the said Award. This matter came for the first time for mention on 19/8/2022 where no party to this matter appeared. Thereafter, for a total of six times (i.e 6/10/2022, 10/11/2022, 1/12/2022, 16/2/2023, 28/3/2023 and today 11/5/2023) neither the applicants nor the respondent entered appearance. What happens in the case at hand is akin to what happened in the case of Page 1 of 2 Steelcom Limited vs Ismail Issa Mbago and 30 Others, Labour Revision Application No.274 of 2019 where this court held that:- "Applicant filed present revision on 1st April 2019. Since filing no appearance has ever been made despite several court orders. From the records, applicant has lost interest to prosecute this matter not only on the reason of non- appearance, but failure to serve the respondent as ordered by the court on 23rd April 2019. This court cannot keep on adjoining this file, and return the same in the court shelves. Applicant has turned this court in to library of his client case file. Court duty is to hear and determine disputes. Applicant none appearance is glaring to prove lack of interest to prosecute the case." Having provided the applicants with the benefit of the doubt with regards to interest in prosecuting his application both common sense and administrative prudence dictates that this matter is ripe for dismissal for want of prosecution. Premised on the above, LABOUR REVISION NO.5 OF 2022 is hereby dismissed for want of prosecution. It is so ordered. E.I.LALTAIKA JUDGE 11/5/2023 Page 2 of 2