Want of prosecution

/in /by

Two years ago, I filed a land dispute case at the High Court. The case was repeatedly adjourned because the opposing party failed to appear. Recently, I was shocked to hear that my case was dismissed ‘for want of prosecution.’ I was always attending Court, so why was it dismissed, and what can I do now?
HH, Morogoro

‘Want of prosecution’ means a case is dismissed when the party who filed it fails to take the necessary steps to move it forward. Under Order IX Rule 2 of the Civil Procedure Code, Cap. 33 [RE 2023], if the plaintiff (the person who filed the case) does not appear when the case is called, the Court may dismiss it. However, if you were attending

Court and believe the dismissal happened wrongly, you have remedies.

You may file an application for restoration of the case under Order IX Rule 3 by showing ‘sufficient cause’ why the case should not have been dismissed. Always ensure that all steps (such as filing written statements, serving summons, and attending hearings) are documented on the Court records to avoid dismissal for want of prosecution.  We find it odd that your case was dismissed, although you always attended Court. Consult your lawyer to inspect your case file.