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The High Court at Manyara struck out defective witness statements and dismissed the suit for want of prosecution after finding mandatory procedural rules were breached.
The adjournments dated 13.1.2025 and 17.1.2025 in bail proceedings were unjustifiable in terms of span and reasons, violating the applicant's right to timely justice. The High Court has jurisdiction to revise such proceedings even absent a final decision, and directs expeditious determination of bail objections.
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The High Court allowed a land appeal, holding the tribunal wrongly dismissed the application before requiring the applicant to proceed after refusing adjournment.
The DLHT erred in dismissing the application solely based on perceived lack of interest by the appellant, ignoring that delays were not one-sided and the appellant showed intent to prosecute. The DLHT should have adjourned the matter as prayed and not punished the appellant for his advocate's failures. The appeal was filed within the statutory period after proper exclusion of time for obtaining certified copies.
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The High Court allowed a land appeal, restored the dismissed application, and held that the tribunal wrongly ignored medical evidence and failed to fully assess counsel’s absence.
Denial of adjournment for newly engaged advocate and proceeding with hearing in absence of appellant's advocate constituted denial of fair hearing and legal representation, rendering the trial defective and conviction a nullity.
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The High Court allowed a land appeal, finding the tribunal unfairly struck out the application and denied the appellant an adjournment despite earlier adjournments to the respondents.
The High Court struck out the Defence witness statement after finding the witness failed to attend without justification and the adjournment costs order was ignored.
The High Court Land Division dismissed the plaintiffs’ land suit for want of prosecution after they failed to proceed and close their case despite a final adjournment.
The appellant was not unjustifiably denied the right to be heard as he personally declined to proceed and conceded to the application being struck out; the right to be heard is not absolute and may be lost by a party's own conduct.
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