Zawadi B Lupelo
JF-Expert Member
- Jul 19, 2015
- 2,549
- 3,722
In the case of GODFREY KIMBE VERSUS
PETER NGONYANI CIVIL APPEAL NO 41 OF 2014 the Court of Appeal of Tanzania Held that failure to file written submission is tantamount to failure to appear and defend ones case
"...We are taking this course because failure to lodge written submissions after being
so ordered by the Court, is tantamount to failure to prosecute or defend
one's case- see: National Insurance Corporation of (T) Ltd & another
v. Shengena Limited, Civil Application No. 20 of 2007 and Patson
Matonya v. The Registrar Industrial Court of Tanzania & another,
Civil Application No. 90 of 2011 (both unreported). In both cases, among
many others, the Court held that failure by a party to lodge written
submissionsafter the Court has ordered a hearing by written submissions is
tantamount to being absent without notice on the date of hearing. In the
Shengena case, for instance, we observed:
"The Applicant did not file submission on due date
as ordered. Naturally, the court could not be made
impotent by a party's inaction. It had to act. ... it
is trite law that failure to file submission(s)
is tantamount to failure to prosecute one's
case. N
[Emphasis supplied].
By not filing any reply submissions contrary to the order of the Court
of 16.06.2017, the appellant has therefore failed to defend the preliminary objection..."
See the judgement herein below
View attachment GODFREY KIMBE VS PETER CIVIL APPE NO.41 OF 2014 HON.MWAMBEGELE,J.A.pdf
PETER NGONYANI CIVIL APPEAL NO 41 OF 2014 the Court of Appeal of Tanzania Held that failure to file written submission is tantamount to failure to appear and defend ones case
"...We are taking this course because failure to lodge written submissions after being
so ordered by the Court, is tantamount to failure to prosecute or defend
one's case- see: National Insurance Corporation of (T) Ltd & another
v. Shengena Limited, Civil Application No. 20 of 2007 and Patson
Matonya v. The Registrar Industrial Court of Tanzania & another,
Civil Application No. 90 of 2011 (both unreported). In both cases, among
many others, the Court held that failure by a party to lodge written
submissionsafter the Court has ordered a hearing by written submissions is
tantamount to being absent without notice on the date of hearing. In the
Shengena case, for instance, we observed:
"The Applicant did not file submission on due date
as ordered. Naturally, the court could not be made
impotent by a party's inaction. It had to act. ... it
is trite law that failure to file submission(s)
is tantamount to failure to prosecute one's
case. N
[Emphasis supplied].
By not filing any reply submissions contrary to the order of the Court
of 16.06.2017, the appellant has therefore failed to defend the preliminary objection..."
See the judgement herein below
View attachment GODFREY KIMBE VS PETER CIVIL APPE NO.41 OF 2014 HON.MWAMBEGELE,J.A.pdf
