Athanasia T. Massinde T/A Abeti Primary School versus National Bank of Commerce Ltd

Athanasia T. Massinde T/A Abeti Primary School versus National Bank of Commerce Ltd;  Commercial Case No. 30 of 2014; High Court of Tanzania (Commercial Division) at Dar es Salaam (Unreported).

• Civil Procedure

• Commercial Court Rules- witness statement – failure to file witness statements – effect.

Held:-

(i) None filing of ‘witness statement amounts to failure to prosecute the case.  Since suits commenced by plaints examination in chief shall be given in a form of ‘witness statement’ made under oath or affirmation, the effect of failure to file witness statement is that the suit shall be dismissed.

(ii) Comments:  In case it is the defendant who has failed to file witness statement, the suit should proceed ex parte.