MZUMBE UNIVERSITY
FACULTY OF LAW
PROGRAMME NAME LLB II
STREAM B
COURSE NAME CIVIL PROCEDURE
COURSE CODE LAW 224
NAME OF LECTURER DR. BINAMUNGU
NATURE OF ASSIGNMENT GROUP ASSIGNMENT
GROUP NUMBER 08
GROUP MEMBERS
NO NAME OF PARTICIPANTS REGISTRATION
NUMBERS
01 NOPHITA GISILALY HAULE 18313136/T.22
02 ERASTO GASPER MLINGI 1236121/T.23
03 KELVIN MOHAMED MSAFIRI 1236122/T.23
04 PAULINE PAUL BIKANGA 1838017/T.23
05 MASHAKA MALEMI DAUDI 1236004/T.23
06 ATHUMANI SALIMU ABDALA 1236130/T.23
07 ZEBEDAYO MADULA JACOB 1236149/T.23
QUESTION
Ally Kamdomo is the youngest son of Mzee Kalinga, residing at Bigwa, Morogoro
Municipality, alongside his elder brothers. He is a renowned automotive mechanic in
Morogoro and beyond. After finishing his secondary education, Kamdomo decided to join
Makali Garage as an apprentice while his brothers pursued higher education. In 2023, with a
loan from Karibu Pesa Bank, he opened his own garage, "Kamdomo Auto Services," which
has since thrived, attracting numerous customers.
In December 2024, Kamdomo received a call from Kasheshe, who informed him of an
accident involving Kasheshe's car in the Nane Nane area of Morogoro. Kasheshe requested
Kamdomo to retrieve the damaged vehicle for repairs. Unfortunately, while on his way, he
was struck by a passenger bus and fell into a nearby canal, sustaining injuries that
necessitated hospitalization.
The driver of the bus, owned by Wazoefu Bus Services Ltd., was arrested and charged with
the offence of driving while drunk contrary to Section 106 of the Road Traffic Act, Cap 168.
A week later, Kamdomo was discharged from the hospital and commenced civil proceedings
against both the bus company and the driver for damages. With all pleadings completed and
mediation unsuccessful, the case is set for hearing on February 10, 2025.
Recently, Kamdomo has been experiencing severe headaches. His doctor has informed him
that he sustained brain damage from the accident, a condition that went undiagnosed during
his initial medical check-up. Concerned about his ability to attend the upcoming court
proceedings, he fears that his case may be dismissed by the court. Kamdomo has sought your
advice on how to address this situation.
Required:
(a) Advise Kamdomo on the best way forward
(b) Assist him in drafting necessary document(s) to achieve the desired goal above
1.0 INTRODUCTION
1.1 Advice to Kamdomo
Given kamdomo’s current health condition, it is important to ensure that his rights are
protected and that his case is not dismissed due to his inability to attend to court proceedings.
1.2 SCOPE OF THE QUESTION
The question above requires us to advise Mr. Kamdomo on the step forward for application
of adjournment, and also to assist him in drafting a document for application of adjournment
(postponement).
2.0 MAIN DISCUSSION
Below are the steps or best way forward that Mr. Kamdomo should follow in order to
succeed
2.1 Apply for an adjournment
It’s the requirement of the law under Order XVII Rule 3 of The Civil Procedure Code1
which provide that “where the hearing of a suit has been adjourned generally, the court
shall, if no application is made within twelve months of the last adjournment, dismiss the
suit” Kamdomo should apply for an adjournment (postponement) of the court hearing due to
his medical condition. This can be done by making notice of intention which can be through
written means, again filling application, and that application should include the reasons for
the adjournment, any supporting document i.e., medical doctor report, and a proposed new
letter for hearing. This was emphasized in the case of A.S. Masikini V. George Mbugus2,
where the court reiterated that adjournments should only be granted for sufficient cause and
not merely at the instance of the party, this means that an application for adjournment should
be made by including a sufficient reason to be accepted by the court.
2.2 Obtain a medical Report
Again, Kamdomo need to obtain a detailed medical report from his doctor, and that report
should outline the nature of his injuries, the brain damage, and impact on his ability to attend
court proceedings, the same was emphasized in the case of Richard Kisiwa V. Sofia Bhoke
Maryogo3 where the court of appeal of Tanzania granted an adjournment due to the
1
[CAP 33 R.E 2019]
2
[1976] LRT 13
3
(Civil Appeal No 25 of 2004)
appellant’s medical condition, the court again in this case observed that good practice
demanded formal withdraw and adjournment when an appellant is unable to attend due to
illness. And again, it’s the requirement of the law under Order XVII Rule 2(f) of the civil
Procedure code4 which provide that “in the event of an adjournment at the instance of court,
the reasons for adjournment shall be recorded and the court shall strive to fix the hearing date
within the shortest period possible but not more than thirty days Hence Kamdomo should
obtain a doctor report simply it will be crucial in supporting his application for an
adjournment.
3.0 Drafting the necessary documents for application of Adjournment
Here is a draft of the application for adjournment that Kamdomo can use;
3.1 IN THE HIGH COURT OF TANZANIA
(LAND DIVISION AT MOROGORO)
CIVIL CASE NO……… OF 2024
KAMDOMO AUTO SERVICES………………………………………PLAINTIFF
VERSUS
WAZOEFU BUS SERVICES LTD AND THE DRIVER………….CO-DEFENDANT
APPLICATION FOR ADJOURNMENT
1. I, Kamdomo, the plaintiff in the above captioned matter, hereby apply for an
adjournment of the hearing scheduled for 10 February 2025.
2. I make this application on the grounds of my current medical condition, which has
been diagnosed as brain damage resulting from the accident on December 2024.
3. Attached hereto is a medical report from my doctor, [doctor’s name], confirming my
condition and advising that I require rest and treatment.
4. In light of my medical condition, I am unable to attend the court hearing on the
scheduled date
WHEREFORE, I humbly play that this honorable court grant an adjournment of the hearing
to later date
4
[CAP 33 R.E 2019]
DATED at MOROGORO this 15th day of February, 2025
…………………………
KAMDOMO
PLAINTIF.
3.2 MEDICAL REPORT
MOROGORO. Kamdomo should request his doctor to provide a medical report with the
following details;
Doctor letter
MOROGORO REGIONAL HOSPITAL,
[Link] 3326,
MOROGORO,
February, 21, 2025.
RE: MEDICAL REPORT FOR KAMDOMO.
This is to certify that Mr. Kamdomo has been under my care since [Date of initial
consultation] following an accident that resulted in significant injuries. Upon recent
examination, it has been confirmed that Mr. Kamdomo has sustained brain damage, which
has led to severe headaches and other related symptoms. These conditions went undiagnosed
during his initial medical check-up. Given his current health status, it is my professional
opinion that Mr. Kamdomo requires rest and continued medical treatment. Consequently, he
is not fit to attend any court proceedings at this time. Should you require any further
information, please do not hesitate to contact me.
Yours faithfully,
DR. KELVIN JAMES.
A professional doctor specialized in brain operation (Neurosurgeon)
4.0 CONCLUSION
Kamdomo should promptly apply for an adjournment of the court hearing, supported by
detailed medical report. His legal counsel can assist in drafting and filling the necessary
document to ensure his case is not dismissed due to his medical condition. By taking these
steps, Kamdomo can ensure that his legal rights are protected while he maintains medical
condition.
REFERENCES
STATUTES
The Civil Procedure Code [CAP 33 R.E 2019]
CASE LAWS
A.S. Masikini V. George Mbugus [1976] LRT 13
Richard Kisiwa V. Sofia Bhoke Maryogo (Civil Appeal No 25 of 2004)
