Tanzania Judgment

TZHC

19980521 TZHC Dar es Salaam

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Source document

01

Holding and result

The applicant's belief that the court would act on its own motion to fix the hearing and issue summons is unfounded; failure to prosecute the appeal is attributable to the applicant, and such belief cannot justify vacating the dismissal order.

Court disposition

application dismissed

Orders

  • Application dismissed with costs.

02

Material facts

Parties

Unknown (Applicant)

Appellant Counsel: Kambamwene

Unknown (Respondent)

Respondent Counsel: Mkondya

Amounts and remedies

  • Costs Awarded: 0

03

Procedural history

  1. Posture

    Civil Appeal / Ruling on Application to Set Aside Dismissal

04

Questions and positions

Legal issues

Whether the dismissal of the appeal should be set aside due to alleged oversight and belief that the court would fix the hearing and issue summons on its own motion.

Party arguments

Applicant
The applicant argued that the appeal was dismissed through an oversight, believing the court was responsible for fixing the hearing and notifying parties by summons.
Respondent
The respondent opposed the application, contending that the applicant took no action to prosecute the appeal.

05

Court’s reasoning

  1. 01

    Court's reasoning in the present ruling

    It is not the court's duty to fix hearings and issue summons on its own motion in civil proceedings; parties must take appropriate steps to prosecute their cases.

06

Ratio, limits and disposition

Ratio decidendi

The applicant's belief that the court would act on its own motion to fix the hearing and issue summons is unfounded; failure to prosecute the appeal is attributable to the applicant, and such belief cannot justify vacating the dismissal order.

Court disposition

application dismissed

  • Application dismissed with costs.

Source and reliance status

TZHC · 21 May 1998

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZHC

Judgment· 21 May 1998

19980521 TZHC Dar es Salaam

.t/11 D./~.~·----=-. 1.l B:: ~:; _ \T...1lLi'\I-I . . . .:,.z:-=~~~- .i:=c:~·:~-:;:.. ......... CIVIL AFPS,:\L NO,, 82 OF 1995 V:~RSUS • e • • o·o • e.o f't • a •-o •·• ••··• e • • •· o,, • o IF~.SPONDENT lWLING The memorandum of appeal 'iaS p:r-esente:1 for fi.J.ing on 7th Septembe:r-1 •9'J• The applicant swears that bet·.1een the ti .::, of filinc, the appeal and tht date on which it \'las disrnisse,l, Viz 8th October, 1997, the matter had transferred hands from my brGb.ers Kye.n-:~o, J, and Kaji, J, befor• ii: ultimately was brought to ,ileo '}_'h;·•.t me:'-~:' !-1.ave been so. He believes that the appeal was dismissed throu::;h an ov 1:,:~si~)l.t l.:ecau,se it_ ought to havt been fixed for hearins 19 o . . after which the rc:rt::.es ·11ould. have been 11 1 notified by way of summons. ':. he :r:esp::nclents have opposed this. a.ppl~t9-ti~,: - Now, it is quite obviou,s that no 2.ction uas tnken 1--;y the ap:p9llo, .,to prosecute his appeal.. 118 '.:215.-2°.,::,-~ L.s.t it is the court, at its moti11•t ♦l,tt summons parties to a·99ear before it in civil proceedings. This beliet ~ shared by Mr. Jam.n:::·y l;e.p~1ael Kambami,rene, his advocateo 1 That belief is cl.efinatoly _,:nr,:,:?, · c.i·:_;ind wholly unfounded, As e,n Kamwene • · advocate Mr. ! 1s expected to know that a par!:v 1r1l10 de•i?>es tt ha\'I ~ :c~v~ · , court process in / ... proceed.me; issue··. ,,;:,; }_)ny the

appropriat! f>Ul'i f•..... If a party sits idl<- and expcc,ct a court ':o issue court process at it• m~ti,oa and free of charge does so at J0 i~ aim yj:t:i.lo This i.s 1-::!'.1.at hru, \eta.Uel\ tltt applicant who, even with the assi.stanc., ,f c:m advocate, could not know. his own obligations. Unfounded belief cannot be a :~ro'.l:,J.:'.. 'J.pon '4hich t.he order dismiseing the appeal can be vacated. It would fr,il. The application is dismisse:~. wit:, ,;:)"?·cso Delivered. ~pearances: · :; Kambamwene, /l_ :-~_-.,-·c ~~2...:~ ,3: ;--·-:, ::- the /~pplicant Mr. Mkondya, Adv· r--,::. ;! For .the Res-pnn-:-1.ent

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