Buzurizuri vs Yanga 1

Page 1 of 4 IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA GEITA SUB-REGISTRY AT GEITA MISC. CIVIL APPLICATION No. 150 OF 2025 (Arising from Misc. Application No. 65/2024 originating from Land Case No. 15/2021 in the District Land and Housing Tribunal for Geita) 1. BUZURIZURI GASSONI 2. RENARD MLASA 3. PASCHAL KATOROROKU 4. MABUGA MAHENDE…………………………………………………APPLICANTS VERSUS YANGA MHOGEJE (administrator of estates of LUFUNGULO MHOGEJE)……………………………………………………RESPONDENT RULING Date of Last Order: 08/01/2025 Date of Ruling: 21/01/2025 MWAKAPEJE, J.: This application is brought by the 3rd Applicant under a certificate of urgency, seeking a stay of proceedings in Miscellaneous Application No. 65 of 2024, filed in the District Land and Housing Tribunal for Geita, pending the hearing and determination of Land Appeal No. 30520 of 2024 lodged in this Court. The application is supported by an affidavit sworn by the 3rd Respondent detailing the circumstances necessitating this application. In the interest of justice, the Court ordered the application to Page 2 of 4 be heard interparte. However, the respondent did not comply with the order to file his counter-affidavit as scheduled by this Court, compelling me to proceed with the applicant's submission. In his affidavit, he averred that the Respondent instituted Land Case No. 15 of 2020 in the District Land and Housing Tribunal for Geita, which was decided in the Respondent's favour on 18/10/2024. He further contends that he and his colleagues were aggrieved by the decision; hence, they filed Land Appeal No. 30520 of 2024 in this Court, which is currently pending hearing. The applicant further stated that despite the pending appeal, the Respondent had initiated execution proceedings in Miscellaneous Application No. 65 of 2024, seeking an order for the Applicants' forcible eviction from the disputed land. On 19/12/2024, they received a summons from the District Land and Housing Tribunal for Geita demanding that they show cause why the execution should not proceed. He, therefore, contends that if the execution is allowed to proceed, they will suffer irreparable loss as they will be forcibly evicted from the suit property, and their pending appeal will be rendered nugatory. In considering whether to grant a stay of execution on an ex parte basis, the Court must be satisfied that the application is urgent and Page 3 of 4 exceptional circumstances justify an ex parte hearing; the Applicants have established a prima facie case with arguable grounds in the pending appeal and that there is a real risk of irreparable harm if the stay is not granted, rendering the appeal nugatory. The Court finds that the urgency of this matter is evident from the imminent risk of execution proceedings, as the Applicant and his colleagues have been summoned to show cause in Miscellaneous Application No. 65 of 2024. The execution proceedings are directly linked to the judgment under appeal, necessitating immediate intervention to preserve the status quo. Further, the 3rd Applicant has demonstrated that they have lodged an appeal (Land Appeal No. 30520 of 2024) challenging the decision of the District Land and Housing Tribunal in Land Case No. 15 of 2020 scheduled to be determined on 28/01/2025 by this Court. Without delving into the merits of the appeal, the grounds raised are arguable and not frivolous. Lastly, the Applicant has shown that allowing execution to proceed, specifically their eviction from the disputed property, would result in irreparable harm. Given the foregoing, and in the interest of justice, a temporary stay of proceedings in Miscellaneous Application No. 65 of 2024 in the District Page 4 of 4 Land and Housing Tribunal for Geita is hereby issued pending the determination of Appeal No. 30520 of 2024 before this Court. In the circumstances of this application, no order as to costs is issued. It is so ordered. DATED at GEITA this 21st day of January 2025. G.V. MWAKAPEJE JUDGE