boniface m mroso legal representative of the late kisukari seif vs paul samwel 2022 tzhclandd 584 29 june 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM LAND APPEAL N0.227 OF 2021 (Arising from Misc. Land Application No.441 of2018, originating from Land Application No. 08 of2017, both from the District Land and Housing Tribunalfor Kibaha) BONIFACE M. MROSO (As a Legal Representative of the late KISUKARI SEIF) APPEALLANT VERSUS PAULO SAMWELI RESPONDENT RULING Date ofLast Order:14.06.2022 Date ofRuling:29.06.2022 MWENEGOHA/J: The appeal was filed based on the following grounds; - 1. That, chairman erred in law and in fact to disregard the application for extension of time from the appellant, 2. That, the Hon. Chairperson of the trial tribunal erred in law and fact by entering thejudgment in favour ofthe respondent regardless of the strong evidence from the appellant. The appeal met an objection from the respondent on point of law to the effect that the same Is time barred. It was argued by Advocate.Andrew Matthew Chima in his written submissions for the respondent -that, the instant case was filed after the expiry of 45 days from the date of issue of the impugned decision, contrary to Section 41(2)of the Land Disputes Courts Act, Cap 216, R. E. 2019. TTiat, the decision of the trial tribunal was delivered on 30"' August 2021 and this appeal Nvas filed on the 25'" October, 2021. Therefore, it should be dismissed as stated in Consolidated Holdings Corporation vs. Rajan! Industries and Another^ Civil Appeal No. 2 of 2002, Court of Appeal of Tanzania, at Dar Es Salaam (unreported). In reply, the appellant who appeared in person maintained that, he filed the appeal within time before the expiry of 45 days. In rejoinder, the counsel for the respondent reiterated his submissions in chief. Having considered the submissions of parties, the issue for determination is whether the objection has merit or not. To answer the issue in dispute, I had to go through the decision of Hon. J.F Kanyanyeri and I satisfied myself that, it is true that the same was delivered on the 30^^ August 2021. 1 also made a perusal of the Memorandum of Appeal and found that, it was presented for filing on the 25^^ October 2021. When I count the days from when the decision in question was delivered and the date of filling of the appeal at hand, I get a total of 55 days. That means, it took 55 days for the appellant to present his appeal in this Court. However, the Land Disputes Courts Act, Cap 216, at Section 41(2), requires the same be filed with 45 days from the date of issue of the impugned decision. That is to say, the instant appeal was filed out of time. Hence the same cannot be entertained by this Court in absence of leave to do so out of time. Eventually, I find the objection by the respondent to have merit, I proceed to sustain it and further struck out the appeal. No order as to costs. It is so ordered. T.J^WENEGOHA *( mMw/i 1^1 ^ii JUDGE 30/06/2022