MISC

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA ARUSHA SUB-REGISTRY MISC. CIVIL APPLICATION NO. 14133 OF 2024 (arising from Civil Case No. 37 of 2023) JOSEPH LADUNG'ONI.................................................... 2nd APPLICANT VERSUS 1. RAPAHAEL SAIBOKU............................................. 1st RESPONDENT 2. LOSIAKI LENGAI.....................................................2nd RESPONDENT 3. SIWANDETI VILLAGE COUNCIL................................ 3 rd RESPONDENT 4. THE ATTORNEY GENERAL............................................ 4™ DEFENDANT AND SHENYA JOHN IMORI.......................................................... THIRD-PARTY RULING 30/07/2024 & /07/2024 NDUMBARO, J The applicants above have brought this application under the provision of Order I Rule 14 (1) (b) rule (2)(3) (4), (15), (16) and (17) of the Civil Procedure Code Cap 33 R.E. 2019 for the orders that the applicants be granted leave to issue and serve a Third-Party Notice upon Shenya John imori and a copy of the plaint and written statement of defence in Civil Case No. 37 of 2023. The application is further supported by the sworn affidavits of the applicant, whereby it is stated that the applicant's claim arises from the land, whereby more than 13 years back, the 1st defendant sold the land to the applicant herein. The said land knowingly was included in the list of the estate of the late Langasani Ladungoni to whom the third party is the administrator. When the matter was called on for a hearing, the applicant was self-represented, the 1st respondent was represented by Advocate Lilian Joel who also hold brief of Advocate Edmund Ngemera for the 2nd respondent, and for 3rd and 4th respondents were represented by Christabella Madembwe State Attorney. All respondents on the other hand did not intend to object to the applicant's application. I have meticulously considered this application, and given the nature of the suit filed against the respondents by the applicant in Civil Case No. 37 of 2023, the applicant sought a Third-Party Notice to the third party as a necessary party to be joined in the said suit. In the interest of attaining substantive justice, the applicants' application is hereby granted. Since the Third-Party Notice was attached together with this application it is now considered filed and the third party is to be joined as a part in Civil case No. 37 of 2024. It is so ordered. D. D. NDUMBARO JUDGE 30/ 07/2024