Alex MSama Mwita Vs Commisioner of Land & 3 Others,Misc Land case Application no 618 of 2023.

This case about  remedy of non appearance in first pre trial confere ce and way foward:

It was on 29th May 2023 at 9:00 AM, when Land Case No. 41 of 2023 was called for first pre-trial conference. On the particular day, the Plaintiff/applicant and his advocate failed to avail themselves before the court, consequently thereof the said matter ended up being dismissed under Order VIII Rule 20(l)(a) of the Civil Procedure Code, [Cap 33 RE 2019] on account of non-appearance.

Let me start with the first ground advanced by the learned counsel for the applicant that on the fateful date he was also attending a commercial case before Hon. Mbagwa,J. I have noted from the proceedings of Land Case No.41 of 2023 that the advocate of the

Applicant, Mr. Augustine Kusalika was aware that Land Case No.41 of 2023

was to be called on the fateful date at 9:00 AM. The learned advocate opted not to notify the court that he was attending another matter. His choice of not informing the court had the implication of desiring the

consequences thereof. 

The person who fails to attend a matter which he/she is aware of without notice, if the matter gets dismissed, the application to set aside, apart from demonstrating good cause, must as well demonstrate the cause that prevented the applicant from giving to court such notice of absence. In the present case, the applicants never gave notice of absence to the court. I have also gone through the entire affidavit deponed by Augustine Kusalika the advocate of the applicant, I could not find any deposition on the cause for his failure to notify the court about his absence on the fateful date.