Africarries limited vs shirika la usafiri la Dar es Salaam & Another, civil Appeal no 350 of 2020.

This case provide for remedy for fiauliring to file witness statements on time.

Indeed, in commercial cases such as the one at hand, witnesses’ statements are fundamental to proving or disproving claims in a suit. Taking into account the relevant rules, certainly, the position of the law is that failure of a party to file witness statements and/or an additional list 

of documents as prescribed by the law and ordered by the court is tantamount to failure to prosecute the case through said witnesses. 

The witness statements represent the act of adducing evidence in court by the said witnesses. Regarding the consequences of such failure, it has been previously held that such failure is fatal and incurable, (see Barclays Bank of Tanzania v. Tanzania Pharmaceuticals, Commercial Case 

No. 147 of 2013 (unreported), a position we are persuaded to hold also. 

Parties are expected to produce witnesses when the case is called upon  as held in the case of the Estate of Peter Kisumo v. Salum Peter Kisumo, Misc. Application No. 441 of 2018 (unreported).

In the instant case, the appellant failed to comply with the rules, and we find under the circumstances, the High Court judge cannot be faulted for dismissing the suit since in essence the case was not prosecuted. We are of the view that the cases cited by the appellant’s counsel are distinguishable in that they were applied under different 

circumstances. We also refrain from invoking the overriding objective principle for reasons alluded to herein and it is incorrect to state that such f’ailure did not prejudice the rights of the respondents under the cumstances. We cannot ignore the issue of time limitation imposed the Commercial Court Rules to facilitate expediency and efficient 

determination of cases.

All in all, we find the appeal unmeritorious, and henceforth, we dismiss it with costs.