Leo Mkasu v. Salim Mohamed El Shukery, Civ. Case 71-D-67, 10/10/68, Biron J.

Leo Mkasu v. Salim Mohamed El Shukery, Civ. Case 71-D-67, 10/10/68, Biron J.

Plaintiff filed this suit claiming damages for injuries sustained when he was allegedly pushed off a bus. When the case was first set down for hearing on 21 February, 1968 defendants appeared with their witnesses but plaintiff failed to appear and gave no explanation to the court or his advocate for his failure. The case was adjourned. Plaintiff again failed without explanation to appear when the case again came up for hearing on 10 October. Plaintiff’s advocate moved for another adjournment, and this motion was opposed by defendants’ advocate who referred to the expense of bringing the defendants and the witnesses from distant areas of Tanzania.

            Held; Courts are extremely reluctant to dismiss a case on account of the failure of a party to appear. Adjournments are freely granted on the theory that expenses can be cured by costs. However, in the facts of the present case, it appears that plaintiff is impecunious and could not pay such costs, and conditions should be placed on the granting of an adjournment. Adjournment granted on condition that the case not be heard until security is posted for defendants’ costs n attending the two adjourned hearings, Costs of appearing at the adjourned hearings awarded to defendants in any event.