Daniel K. Rugomola vs Coast Regional Trading Company Limited (Misc Civil Cause No 31 of 1990) [2000] TZHC 153 (29 June 2000)
Judgment
MOSUMI,JK: .' , ... ,, • I ' .. ' TN THE JlIGH C()URT OF T.(.NZANIA ... AT DAR ES SALAA1Vf NU:SC. CIVIL CAUSE NO.31 OF 1990 DANIEL K. RUGOJ\1OLA ...... APPELLANT VERSUS COAST REGIONAL TRADING COI\1PANY Lil\11TED .................. , . .' ............ RESPONDENT RULING ... The applicant is asking the court to restore bjs appl:ication for revievv vihich was dismissed for lack of his appearance. The reason wfoch he gave for his failure to appear on the scheduled date is that he mistook it for another date. \Vith respect, this is not a sufficient cause to justify his non appearance because it is tantamount to neghgence. Furthermore the apphcation for reviev,, in question is incompetent. }\That the apphcant is infact trying to do is to chaJJenge the correctness of the judgment for failure to grant him the other prayers in his plaint. The proper step for him is •1'
. / .· 2 to appeal against the judgment and not initiate review proceedings. ln conclusion, the applica6on for setting aside the dismissal order is clismissecl vvith costs. JAJI KJONGOZL 29/6/2000 · -< For the applicant: Present in person For the respondent: Mrs Makani. ·