alex e malagi vs abdul hassan juma 2020 tzhc 11 29 january 2020

IN THE HIGH COURT OF TANZANI IN THE DISTRICT REGISTRY OF SHINYANGA AT SHINYANGA DC. CIVIL APPEAL NO.16 OF 2 0 1 7 (Arising from Misc. Civil Application fo r execution No.4 o f 2017, District Court o f Shinyanga) ALEX E. MALAGI............................................................................ APPELLANT VERSUS ABDUL HASSAN JUMA............................................................. RESPONDENT (Adminstrator o f the estate o f the late Juma Hassan Juma) RULING 4 / 12/2019 & 2 9 / 1/2020 G.J. MdemuJ; By an order of this court dated 13th of November, 2019, this appeal was to be disposed by way of w ritten submission. The Appellant filed his written subm ission on 19th of November 2019, while the Respondent before filing his w ritten reply on 2 6 th of N ovem ber,2019, drew the attention of this court in the following version: However, before the Respondent could file his reply to the written submission, the judgment fo r misc. civil application No.4 o f 2017 o f the District Court o f Shinyanga at Shinyanga, which is the subject matter o f this appeal, was nullified in civil appeal No.14 o f 2017 by this court in its ruling dated 25th o f November 2019 before his Lordship C. P. Mkeha,J. I have noted in the attached ruling of my learned Brother Mr. Mkeha J. that, the appeal disposed before him, that is civil appeal No.14 of 2 0 1 7 is not the same appeal before me, now registered as Civil Appeal No.16 of l 2017. However, the two appeals intend to challenge the same decision in Civil Application No.4 of 2 0 1 7 as each part got aggrieved by the decision of that court and appealed accordinly. I do not find harm in this. In Civil appeal No. 14 of 2 0 1 7 before Mkeha, J. parties are Abdul Hassan Juma (Appellant) and Alexa E. Malagi (Respondent). The other appeal before me parties are Alex E. Malagi (Appellant) and Juma Abdul Hassan Juma (Respondent). It is not therefore correct a submitted by the Respondent that, the appeal is one and the same. The practice would have been that, the two appeals be heard by one Judge. However, as my learned brother Mkeha, J. rem itted the m atter to the executing court, for consistency, and without causing unnecessary confusing and misunderstanding to litigants, is not safe to proceed with hearing the appeal. As such, the instant appeal is hereby struck out. No order as to costs. It is ordered accordingly. DATED at SHINYANGA this 2 9 th day lanuarv. 2020. Gerson J. Mdemu JUDGE 29/ 01/2020 2