beth nzoka vs attorney general 3 others 2021 tzhclandd 6845 16 december 2021

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

AT DAR ES SALAAM MISC LAND APPLICATION NO.480 OF 2021

BETH NZOKA APPLICANT

VERSUS ATTORNEY GENERAL 1^ RESPONDENT REGISTRAR OF TITLES 2^° RESPONDENT JOSEPH BULALI (Also known as JOSEPH BULALI CHAMBALUYA) 3'*'^ RESPONDENT ISSA ESMAIL CHOKA MANAMBI... 4™ RESPONDENT

RULING Date of Last Order: 01.12.2021 Date of Ruling; 16.12.2021 V.L. MAKANI. J. The applicant BETH NZOKA is praying for the foilowing orders: 1. That this honourable court may be pleased to summon the caveator that Is the 4^ respondent to attend and to show cause why the caveat he registered on 23/05/2016 over five (5) years should not be removed.

2. That this honourable court may be pleased to order the Registrar of Titles to remove the caveat In case the caveator falls to appear and or falls to show cause why the caveatshould not be removed.

3. Any other order the court may deem fitandjustto grant. The application is made under section 78(4) of the Land Registration Act, CAP 334 RE 2019 and section 68(c)and 95 of the Civil Procedure Code CAP 33 RE 2019. The application is supported by the affidavit of the applicant herein. The court summoned the caveator who is also the 4^'^ respondent, but he did not enter appearance even when he was summoned by way of publication in Mwananchi Newspaper of 29/10/2021. So, the matter proceeded ex-parte against him. Mr. Kasaizi, Advocate for the applicant submitted that the application is to show cause why the caveat in respect of land under Certificate of Title No. 100061, Plot No. 234 Block 43 Kijitonyama, Dar es Salaam (the suit land) should not be removed. Mr. Kasaizi further submitted that since the caveator has not entered appearance neither has he filed a counter-affidavit, the court ought to order the Registrar of Titles to remove the caveat registered on 23/05/2016 in respect of the suit land. Mr. Kasaizi went on saying that the interest of the applicant in the suit land is that, the 3''^ respondent (Joseph Buhalali or Joseph Bulali Chambaluya) is her husband and there is a decree of Kinondoni District Land Tribunal at Mwananyamala in Land Application No. 77 of 2016 for saie of the suit land and divide the proceeds. The judgment and decree of the Tribunal was delivered

on 09/05/2019. Mr. Mahushi, State Attorney representing the and the 2"^^ respondent said that he did not have any objection to the removal of the caveat registered by the 4^^ respondent. He said the law is clear that removal of the caveat can be by the caveator or any interested party by the order of the court. I have iistened to the parties herein, the learned State Attorney on behalf of the 1^ and 2"^ respondents (the Attorney General and Registrar of Titles) has no objection to the removal of the caveat. It is apparent that the caveat was filed 23/05/2016 and this is a iong time. Since the caveator, the 4^^^ respondent herein, has not entered appearance it means he has waived his right to oppose this application. The interest of the appiicant is clearly reflected in paragraph 6 of the affidavit of the applicant and the attached judgement of the Tribunal (Annexure GAl). In the result, the application is granted. The Registrar of Titles (the 2"^^ respondent) Is ordered to remove the caveat registered by ISSA ESMAIL CHOKA MANAMBI (the 4^^ respondent) in respect of Plot No. 234 Block 43 Kljitonyama, Dar es Salaam under Certificate of Title No. 100061. There shall be no order as to costs. It is so ordered. V V.L. MAKANl

JUDGE 16/12/2021 ^ /. Dm?.