ABDALAH SHABANI GONJE RULING 0001

THE UNITED REPUBLIC OF TANZANIA (JUDICIARY)

THE HIGH COURT (MUSOMA SUB REGISTRY AT MUSOMA) Misc. LAND APPLICATION No. 2795 OF 2025 ABDALLAH SHABANI GONJE................................................APPLICANT Versus MUSOMA MUNICIPAL COUNCIL "X NATIONAL FOOD RESERVE AGENCYX........................... RESPONDENTS

THE ATTORNEY GENERAL C

RULING 19.02.2025 & 19.02.2025 Mtulya, J.: Mr. Abdallah Shabani Gonje (the applicant) approached this court and lodged the instant application complaining that Musoma Municipal Council (the first respondent) intends to demolish buildings and other materials attached to his land located at Plot. 136 Block C Baruti Area Nyakato Ward within Musoma Municipality in Mara Region (the disputed land) and allocate it to National Food Reserve Agency (the second respondent). According to the applicant, he has been occupying, using and erecting buildings in the disputed land before independence of Tanganyika in 1961 without any interference and has been paying necessary land taxes to the first respondent without any questions. The record of the application shows that the applicant prays for this court to issue Mareva Injunction to restrain the respondents or any other person acting on behalf of the first respondents to demolishing or cause any act that will affect buildings or any other i materials attached in the disputed land, until when a ninety (90) notice of intention to sue the first and second respondents and necessary party, the Attorney General (the third defendant) expires to let filing of a fresh land suit. The record shows further that the notice has already been issued to the respondents and expires on 27th April 2025. Today morning, the applicant was summoned to appear in

this court to register relevant materials in support of the application, but had hired and instructed Mr. Emmanuel Gervas, learned counsel, to appear and argue the application for him. On the other hand, the respondents had instructed Mr. Anesius Kamugisha, learned State Attorney to reply the applicant's materials. However, before the contest hearing could take its course, Mr. Kamugisha had noted that the applicant's prayer, if granted and an order is issued, the order shall expire on 27th April 2025. Noting the prayed order in the contest will end in April this year, Mr. Kamugisha had supported the application arguing that: first, a contest in the application will cause unnecessary costs to the parties and court in terms of resources monies and time; and second, for interest of justice, it would be reasonable and suitable for the applicant to cherish the right to be heard on merit of the complaint. The thinking of Mr. Kamugisha was well appreciated by the applicant's learned counsel, Mr. Gervas. According to him, this court may issue an order in favour of the application and restrain 2 the respondents' actions of intending to demolishing the buildings and other necessary materials attached in the disputed land. On my part, I perused the record of the instant application and found that the applicant intends to sue the respondents and has already followed all necessary

procedures to sue Government institutions, the respondents, as per enactment of section 6 (2) of the Government Proceedings Act [Cap. 5 R.E. 2022] (the Act), including notice to sue the respondents and service to all of them by 27th January 2025. The record shows further that the notice shall expire on 27th April 2025 and immediately after the expiry, a land contest may take its course. In such circumstances, the move taken by Mr. Kamugisha in favour of the application holds merit. There is in place a precedent of this court in support of the course (see: Land Masters Hotel Limited v. Bunda Town Council & Another, Misc. Civil Application No. 20332 of 2024). Therefore, granting a prayer, like the instant one, is obvious practice in this jurisdiction. Having said so, and in the end of the matter, I am moved to grant the application and hereby order the respondents or any other person acting in the authority of the respondents, to restrain themselves from demolishing or cause any act that will affect the buildings or any other materials attached to the disputed land located at Plot. 136 Block C, Baruti area Nyakato Ward within 3 Musoma Municipality in Mara Region, until when the notice expires. I do so without any order to costs as Mr. Kamugisha acted as an officer of this court in cherishing section 66 of the Advocates Act [Cap. 341 R.E. 2019] and sections 3A (1) and 3B (2) of the Civil Procedure Code [Cap. 33 R.E. 2019]. Each party shall bear Court: This Ruling was delivered in Chambers under the Seal of this court in the presence of the applicant, Mr. Abdallah Shabani Gonje and his learned counsel, Mr. Emmanuel Gervas and in the presence of the respondents' learned State Attorney, Mr. Anesius Kamugisha. 19.02.2025 4