amina i machenga administratrix of the estate of the late idd shaban machenga vs saada hamoud 4 others 2023 tzhc 18512 27 june 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA TABORA SUB REGISTRY AT TABORA MISC. LAND APPLICATION NO. 9 OF 2023 (Arising from Land Case Application No. 39 of2020 in the District Land and Housing Tribunal for Tabora at Tabora) AMINA I. MACHENGA (Administratrix of the Estate of the Late IDDI SHABAN MACHENGA....... ................... .APPLICANT VERSUS SAADA HAMOUDI................................ ..jst RESPONDENT SHABAN BUTUNGWA..........................................2nd RESPONDENT STELLA MCHOPA (As the administratrix of the estate of the late MZEE MCHOPA.... ........... 3rd RESPONDENT EMMANUEL MSONGA.................... 4th RESPONDENT MBARUKU MTANDIKA.......................................... 5th RESPONDENT RULING Date: 27.6.2023 & 27.6.2023 A. BAHATI SALEMA, J.: The applicant herein, AMINA I. MACHENGA (Administratrix of the Estate of the Late IDDI SHABAN MACHENGA has moved this Court 1 under section 41(2) of the Land Disputes Courts Act, Cap. 216 [R.E 2019] by way of chamber summons supported by the affidavit of Ms. Stella Nyaki, learned counsel. The applicant is seeking an extension of time to file an appeal out of time against the decision of the District Land and Housing Tribunal for Tabora in Land Application No.9 of 2023 delivered on 15th December, 2022. The respondents in response to the application, filed a counter affidavit and did not oppose the application. .7 During the hearing, which was conducted orally, the applicant's counsel, Amos Gahise holding in brief Stella Nyaki, appeared while the respondents enjoyed the services of the learned counsel, Mr. Edward Malando. j In his submission, the applicant adopted the affidavit in support of the application to form part of his submission. The applicant averred in paragraphs 3,4 and 5 of the affidavit that she made follow-ups on 19th December 2022 until 21st February, 2023 when the applicant was informed that copies were ready for collection which was out of time. 1 Section 41(2) of the Land Disputes Courts Act, Cap. 216 [R.E 2019] empowers the High Court to extend the time for filing an appeal either before or after the expiration of the period provided for filing an appeal. 1 •■’It Also, it is a principle of law that the grant of an application for an extension of time is at the discretion of the Court. In the case of Lyamuya Construction Company Limited vs Board of Trustees Tanzania Young Women Christian Association of Tanzania, Civil Application No. 02 of 2010 the Court of Appeal of Tanzania formulated four factors to be considered by courts before granting an extension of time, that is: - ■’1 (i) The applicant must account for all the periods of delay J fii) The delay should not be inordinate T? (Hi) The applicant must show diligence not apathy, negligence or sloppiness in the prosecution of the action that he intends to take 1 (iv) If the court feels that there are other sufficient reasons, such as the existence of a point of law of sufficient importance such as the illegality of the decision sought to be challenged. In the instant application, the applicant stated in her affidavit that the main reason is the delay by the trial tribunal in supplying copies of the judgment; Having gone through the said affidavit, especially in paragraphs 3,4 and 5 of the affidavit, and since the respondent did not contest, I am satisfied r that the reasons advanced by the applicant for the delay form a good ground enough for this court to grant the application. ? In the upshot and for the foregoing reason, I have every reason to grant this application as I hereby do. The intended application shall be filed in court within 30 days from the date of this ruling. 1 Order accordingly. A. BAHATI SALEMA JUDGE 27/06/2023 3 Court: Ruling delivered in presence of both parties. A. BAHATI SALEMA JUDGE 27/06/2023 Right of Appeal fully explained. XU A. BAHATI SALEMA JUDGE 27/06/2023 4