AMINA KHAMIS AND 6 OTHERS

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MWANZA AT MWANZA MISC. CIVIL APPLICATION NO. 15316 OF 2024 (Arising from CIVIL Appeal No. 28187 of 2023 of the High Court at Mwanza) AMINA KHAMIS……….…………………………..………..……………..1ST APPLICANT WINFRIDA DAMAS………………………………………………………..2ND APPLICANT JANETH CHARLES………………………………………………………….3RD APPLICANT PILI TULULONZA…………………………………………………………..4TH APPLICANT KULWA MATHIAS………………………………………………………….5TH APPLICANT HELLENA BULEMELA………………………………………………………6TH APPLICANT MWAMVUA MASUD………………………………………………………..7TH APPLICANT VERSUS KIKUNDI CHA KAPU LA MAMA CHA KATUNGURU (W) SENGEREMA…………………………………………………………………..RESPONDENT RULING 14th August & 15th August 2024. Kilekamajenga, J. The applicants, through the legal services of the learned advocate Inhard Mushongi, moved this Honourable Court to certify points of law to approach the Honourable Court of Appeal of Tanzania. The application is made under section 5(2) (c) of the Appellate Jurisdiction Act, Cap. 141 RE 2019 through chamber application. In compliance with the law, the application was accompanied by an affidavit from Inhard Mushongi, the counsel for the applicants. In response, the 1 representatives for the respondent, namely Arodia Matage, Jesca Sylivester and Anna Kauti filed a joint counter-affidavit resisting the application. When the matter came for the hearing, the applicants were absent but well represented by the learned advocate Inhard Mushongi. On the other hand, Arodia Matage, Jesca Sylivester and Anna Kanuti appeared for the respondent. When invited to address the court, Mr. Mushongi submitted that the points of law in this case are stated under paragraph 4 of the affidavit in support of the application. First, whether it was proper for the High Court to refuse to entertain the issue of admission of documents and locust stand on grounds that, they were not raised in the first appeal. Second, whether the respondent had locus stand to sue the applicants in the Primary Court. Third, whether it was proper for the trial court and the appellate courts to base their decision on documents that were wrongly tendered and admitted. Fourth, whether the social groups have legal personality and capacity to sue. Based on the above points, he urged the court to certify that there are points of law to approach the Court of Appeal of Tanzania. In response, Ms. Arodia objected to the application arguing that the same issues were raised by the counsel and resolved by the courts below. In her view, the documents were rightly admitted before the trial court, and they have been 2 appointed to represent the respondent. Also, this being a social group it has legs to stand. She further assailed the counsel for not being vested with the dispute. After the above response, Mr. Mushongi had no rejoinder. Having considered the submissions from the parties, I wish to emphasise that, the grant for the certificate of point of law is governed under section 5(2)(c) of the Appellate Jurisdiction Act, Cap. 141 RE 2019 which provides that: “No appeal shall be against any decision or order of the High Court in any proceedings under Head (c) of Part III of the Magistrates Courts Act unless the High Court certifies that a point of law is involved in the decision or order.” According to the above provisions of the law, this court is vested with the power to grant or otherwise a certificate to enable a party to approach the Court of Appeal where the matter originates from the Primary Court. See, the cases of Eustace Kubalyenda v. Venancia Daud, Civil Application No. 70 of 2011 (unreported); Zainabu Mwinjuma v. Hussein Abdallah, Civil Appeal No. 104 of 2009, CAT at Arusha (unreported). In this application, after considering the applicant’s affidavit and oral submissions made by the parties, it is evident that the proposed points of law raised by the 3 applicants are not points of law but mere arguments based on facts. Furthermore, as argued by Arodia, such issues were raised and addressed by the trial court and the two appellate courts including this court. I entirely find no legal issue worth certifying as a point of law for the determination by the Court of Appeal of Tanzania. I find no merit in the application and I dismiss the same with costs. Order accordingly. DATED at Mwanza this 15th Day of August, 2024. Ntemi N. Kilekamajenga. JUDGE 15/08/2024 4 Court: Judgment delivered this 15th Day of August 2024 in the presence of the 3rd applicant, the 6th applicant, the applicants’ advocate, Mr. Inhard Mushongi, and the respondent’s representative, Ms. Arodia Matage, Jesca Sylivester, and Anna Kanuti. Right of appeal explained to the parties. Ntemi N. Kilekamajenga. JUDGE 15/08/2024 5