Abdi Hassan Abdala v Safari Leo

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MANYARA

AT BABATI LAND APPEAL CASE NO 27900 OF 2024 (Originating from the Kiteto District Land and Housing Tribunal in Land Application No 11 of 2023) ABDI HASSAN ABDALA…………………………..…………APPELLANT

VERSUS SAFARI LEO……………….………………………..………RESPONDENT

RULING 3rd March 2025 MWIHAMBI, J.: Abdi Hassan Abdala has brought an appeal before this Court against Safari Leo after being aggrieved by the decision of the Kiteto District Land and Housing Tribunal (the trial tribunal). At the commencement of the hearing of this appeal, this Court raised suo mottu an issue on point of law that the appeal has been filed beyond the prescribed time and invited the parties to address the matter. The appellant was of the confirmed view that the appeal has been filed on time while the respondent through his advocate Mr. Ibrahim Massawe argued that the appeal has been filed out of time because the 1 decision of the trial tribunal was delivered on 12th September 2024 and the appellant filed his appeal on 5th November 2024. He stated that the appeal has lapsed and the appeal has been filed after almost fifty-five days. The appellant made his rejoinder by stating that he filed his appeal online on 2nd September 2024 hence, his appeal has been filed on time. I have carefully perused the file of the trial tribunal; records indicate that the judgment was delivered on 12th September 2024. The appellant’s petition of appeal indicates that he dated the petition on 28th September 2024 and filed the same on 5th November 2024. The online filing through the stamp of the Deputy Registrar High Court Manyara confirms that the petition of appeal was filed on 5th

November 2024. Hence, from the date of the trial tribunal’s order to the date of appeal eight days have lapsed. Section 41 (2) of the Land Disputes Courts Act [Cap 216 R.E .2019] provides that: “An appeal under subsection (1) may be lodged within forty-five days after the date of the decision or order: Provided that, the High Court may, for the good cause, extend the time for filing an appeal either before or after the expiration of such period of forty-five days.” 2 Guided by the quoted provision of law, it is apparent on the face of record that the appeal has been lodged beyond the prescribed time and it is hereby struck out. The appellant is at liberty to apply for extension of time to appeal. I make no order to costs because the matter was raised by the Court. DATED at BABATI this 3rd day of March 2025. N. J. MWIHAMBI

JUDGE COURT: Ruling delivered today, 3rd Day of March, 2025, in the presence of the Appellant and Respondent and his advocate; Mr. Ibrahim Mohamed Massawe. B/C Miss Fatina R. Haymale (RMA) present. N. J. MWIHAMBI

JUDGE 03.03.2025 3