Jac Rijk Africa Limited vs Michael Cosmas Mabula (Misc. Application No. 593 of 2019) [2020] TZHCLD 3770 (4 November 2020)

TanzLII

Automated Summary

Key Facts

The case involves Jac Rijk Africa Limited (applicants) versus Michael Cosmas Mabula. The applicant's Miscellaneous Application No. 593 of 2019 was dismissed for want of prosecution. Despite court orders, the applicant did not appear for nine months after their last appearance on 12 February 2020. The court emphasized the importance of compliance with orders to maintain judicial integrity.

Issues

The court dismissed Miscellaneous Application No. 593 of 2019 filed by Jac Rijk Africa Limited for want of prosecution, citing the applicant's failure to appear in court for nine months despite multiple court orders. The ruling emphasized that non-compliance with court orders constitutes disrespect and disrupts the administration of justice.

Holdings

The court dismissed the application for want of prosecution due to the applicant's failure to appear for nine months despite multiple court orders, emphasizing that non-compliance disrupts the administration of justice.

Remedies

Misc application number 593/2019 is dismissed for want of prosecution.

Legal Principles

The court dismissed the application for want of prosecution, emphasizing that non-compliance with court orders constitutes disrespect and disrupts the administration of justice. This ruling underscores the principle that judicial directives must be adhered to, and failure to do so justifies dismissal of proceedings.

Judge Name

Z.G. Muruke

Passage Text

  • Thus, Misc application number 593/2019 is dismissed for want of prosecution.
  • Applicant is the one who knowed the door of this court, requesting to be heard on an application for extension of time to file revision, yet no appearance for (9) nine months. This is not proper. Court orders has to be respected and complied with. None compliance of court orders not only is a sign of disrespect, but create chaos on entire administration of justice. That cannot be left to continue.