PC Civil Appeal 5168 of 2024 Ruling NangelaJ
The appellant failed to appear for the scheduled hearing despite being aware of the date and having served the respondent; thus, the appeal was dismissed for want of prosecution.
Source-derived case information.
- Citation
- PC Civil Appeal 5168 of 2024 Ruling NangelaJ
- Parties
- Appellant: Yusuph Omary; Respondent: Anna Deus Assenga
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2024
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Legal Topics
- Dismissal for Want of Prosecution, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yusuph Omary
Appellant
Anna Deus Assenga
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution
Ratio Decidendi
The appellant failed to appear for the scheduled hearing despite being aware of the date and having served the respondent; thus, the appeal was dismissed for want of prosecution.
Court Disposition
appeal dismissed for want of prosecution
Orders
- appeal dismissed for want of prosecution
- no order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA SUMBAWANGA DISTRICT REGISTRY AT SUMBAWANGA PC CIVIL APPEAL NO. 5168 OF 2024 (Originating from Civil Appeal No. 18 of2023 Mpanda District Court and Civil Case No. 23 of 2019 Mpanda Urban Primary Court) YUSUPH OMARY..................................................................APPELLANT VERSUS ANNA DEUS ASSENGA ........................................................ RESPONDENT RULING Last order: May 22, 2024 Ruling: May 22, 2024 NANGELA, J.: This appeal was set for hearing today the 22nd day of May 2024. Earlier on the 16th of April 2024 the appellant was present in court but since the Advocate representing had session case before his Lordship Mwenempazi, J at Mpanda, it was agreed that the hearing of this appeal should be on this 22/5/2024 at 9:00an. This court made an order that summons be issued and the same was issued to the Respondent; Advocate who was duly served by the Appellant himself. On this 22nd May 2024 being the date when this appeal was set for hearing the Appellant did not show up in court. Since he was well aware i of the hearing of this appeal and had even served the summons to the respondent to appear for it’s the hearing. I find that the appellant has lost interest in prosecuting his appeal. I therefore grant the prayers to have it dismissed for want of prosecution. The appeal is hereby dismissed for want of prosecution and make no orders as to costs. DEO JOHN NANGELA JUDGE 22/05/2024 2