vincent edward mtweve vs dowans tanzania ltd 2021 tzhcld 130 2 june 2021
The application was dismissed due to the applicants' prolonged failure to appear and prosecute their case, demonstrating lack of interest and disobedience of court orders.
Source-derived case information.
- Citation
- vincent edward mtweve vs dowans tanzania ltd 2021 tzhcld 130 2 june 2021
- Parties
- Applicant: Vincent Edward Mtweve; Applicant: Issai Kunda Mwasha; Applicant: Maganga Abdallah Kadogosa; Respondent: Dowans Tanzania Limited; Respondent: Symbion Power Tanzania Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 2 June 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- Application dismissed for want of prosecution
- Legal Topics
- Dismissal for Want of Prosecution, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Edward Mtweve
Applicant
Issai Kunda Mwasha
Applicant
Maganga Abdallah Kadogosa
Applicant
Dowans Tanzania Limited
Respondent
Symbion Power Tanzania Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the application should be dismissed for want of prosecution due to applicants' non-appearance and non-compliance with court orders
Ratio Decidendi
The application was dismissed due to the applicants' prolonged failure to appear and prosecute their case, demonstrating lack of interest and disobedience of court orders.
Court Disposition
Application dismissed for want of prosecution
Orders
- Miscellaneous Application No. 24/2020 is dismissed for want of prosecution
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA LABOUR DIVISION AT PAR ES SALAAM MISCELLANEOUS APPLICATION NO. 24 OF 2020 BETWEEN VINCENT EDWARD MTWEVE.........................1st APPLICANT ISSAI KUNDA MWASHA................................ 2nd APPLICANT MAGANGA ABDALLAH KADOGOSA................3rd APPLICANT VERSU DOWANS TANZANIA LIMITED.................... 1st RESPONDENT SYMBION POWER TANZANIA LTD............ 2nd RESPONDENT RULING Date of Last Order: 28/05/2021 Date of Ruling: 02/06/2021 Z.G.Muruke, J. This application was filed on 27th January under certificate of urgency. It is now seventeen (17) months since filed, applicant has not appeared even once. Respondent filed counter affidavit together with notice of preliminary objection. Mr. Robert Rweimamu held brief of Anita Bandoma for respondents on 2nd March 2020, then no further appearance by respondent. From the records, respondent abandoned their preliminary objection filed, thus marked dismissed. Applicant failure to appear for 17 month despite several court orders is a clear lack of interest to prosecute their case, and more so, is a disobedience of lawfully court orders. This should not left to continue. Court orders must be adhered to once issued. None compliance of court orders not only is a disrespect but create chaos on entire administration of justice. Court as custodians of justice, cannot left this to happened. Thus Miscellaneous application number 24/2020 is dismissed for want of prosecutions. Z.G. Muruke JUDGE 02/06/2021 Ruling delivered in the absence of both parties. Z.G. Muruke JUDGE 02/06/2021 2