LAND APPEAL 18397

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION)

AT PAR ES SALAAM LAND APPEAL NO.18397 OF 2024 (Arising from Land Application No. 188 of 2018, of the District Land and Housing Tribunal for Temeke) ANTHONY EDWARD MAPUNDA................................... APPELLANT

VERSUS GREYSON JOHN................................................ 1st RESPONDENT RAPHAEL NDEJEMBI......................................... 2nd RESPONDENT

RULING Date of Last Order: 01.10.2024 Date of Ruling : 23.10.2024 T.N. MWENEGOHA, J: The instant Appeal emanates from the District Land and Housing Tribunal for Temeke, herein after called the Trial Tribunal, vide Land Application No. 188 of 2018. Initially, the appellant was the one who sued the respondent, claiming that he is the owner of a landed property, described as Plot No. TMK/MBGK/MGN9/74, located at Mgeninani-Kijichi Area, within Temeke District, Dar es Salaam Region. The dispute was concluded in favour of the two above named respondents. Aggrieved by the Decision of the Trial Tribunal, the appellant filed this Appeal, with six grounds of Appeal. For saving this Court's time and for reasons that they are on records, the said grounds will not be reproduced in this Ruling. i The Appeal was heard through written submissions. Advocate Adolf Wenceslaus Mahay, represented the appellant, while the respondents enjoyed the legal services of Advocate Aman John Richard. However, as I was composing the Judgment for this Appeal, I noted an issue which goes to the root of the case itself, as filed at the Trial Tribunal. That, there is a necessary party, Anna Anthony Mapunda and Dotto Burhan who are the sellers and Temeke Municipal Council who issued the residential license for the suit land. The parties were notified and Ordered to address the Court on the issue raised. They

complied with the Order and addressed this Court accordingly although their arguments will not be reproduced in this Ruling. As I have noted above, there are necessaries parties who were supposed to be joined in this case at the Trial Tribunal. The records at hand show that, the 1st respondent, Greyson John, bought the suit land from one Ana Anthony Mapunda as per his testimony, (see the testimony of DW1), while the 2nd bought the suit land from Dotto Burhan. Further, Temeke Municipal Council as a land authority was not joined as she is a necessary party, having issued the residential Lisence over the said land. Therefore, the absence the parties listed above vitiated the Judgment of the Trial Tribunal. It is well settled that in land disputes, a seller of the suit land should be joined as a necessary party, see Juma B. Kadala versus Laurent Mkande (1983) TLR 103. The law further provides that, non-joinder of necessary parties in disputes of this nature is fatal, as the Trial Tribunal becomes incapable of passing an effective Decree, to be executed by the winning party, see Tanga Gas Distributors Ltd 2 versus Mohamed Salim Said and 2 Others, Civil Revision No. 68 of 2011, Court of Appeal of Tanzania(unreported). Therefore, the suit before the Trial Tribunal was not supposed to proceed in their absence. What happened at the Tribunal is clearly illegality hence null and void.

That being the case, there is nothing to deal with in this Appeal as technically one can say, it does not exist. In the end and by virtue of the revisionary powers conferred to this Court under section 43(1) and (2) of the Land Disputes Courts Act, Cap 216, R.E 2019, I nullify the whole proceedings of the Trial Tribunal in respect of Land Application No. 188 of 2018, by the District Land and Housing Tribunal for Temeke. I Quash the Decision of the Trial Tribunal and further, set aside the Orders that followed it. The parties are accordingly restored to their origin position effective immediately. No Order as to costs.

ENEGOHA

JUDGE 23/10/2024 3