CRDB BANK

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MWANZA

AT MWANZA LAND APPEAL NO. 26695 OF 2023 (Arising from the order of the District Land and Housing Tribunal of Mwanza at Mwanza in Misc. Land Application No. 397 of 2023) CRDB BANK PLC……………………………..…………………..………..……APPELLANT

VERSUS LYASUKA SWALEHE IBRAHIM…….…..…………………………………RESPONDENT

JUDGMENT 13th June & 13th June, 2024. Kilekamajenga, J. The appellant, through the legal services of the learned advocate, Mr. Godfrey Ngoyayi, appeared before this court challenging the order of the District Land and Housing Tribunal in Misc. Land Application No. 397 of 397. The brief facts of the case are as follows, the appellant filed a case against the respondent in the District Land and Housing Tribunal at Mwanza. When the case came for hearing, the appellant and the counsel were absent hence the case was dismissed for want of prosecution. The appellant lodged Misc. Land Application No. 397 of 2023 seeking to restore the dismissed case but the application was dismissed on the reason that, the medical report in support of the sickness of the appellant’s advocate did not bear the name of the Doctor. The appellant appeared before this court with two grounds to challenge the order of the trial tribunal as follows: 1 1. That, the trial tribunal erred in law and fact for failing to critically analyse the evidence on records.

2. That, the trial tribunal erred in law and facts by dismissing the application basing on the assumption that the medical report was not proper. When the appeal came for hearing, the appellant’s advocate informed the court on the previous order of this court which ordered to proceed exparte. Based on the information from the advocate, this court invited him to address the court on the grounds of appeal. The counsel informed the court on the presence of two grounds of appeal and he prayed to argue them simultaneously. He argued that, going through the order of the DLHT which was issued on 21 November 2023, the main reason for the denial to re-admit the case is that, the medical report to prove the sickness of the advocate does not show the name of the Doctor. In short, that was the major reason for the denial which however does not reflect the contested report. The report was stamped with the seal of the Hospital; it also bears the signature of the Medical Doctor who attended the advocate. Based on that reason, the DLHT erred in failing to consider the medical report. He fortified his argument with the cases of Daudi Godluck Sollo v. Dar es salaam Institute of Technology, Misc. Application No. 197 of 2022 and Lugandu Magida v. Gwanchele Gibaka and Emmanuel Nkunu, Land Appeal No. 50 of 2020. In his view, the reason advanced by the appellant's counsel was sufficient to

re-admit 2 the case for trial. The counsel urged the court to allow the appeal and set aside the order of the trial tribunal albeit without costs. I have carefully considered the argument advanced by the counsel for the appellant. Also, the record clearly shows that, the appellant applied for the re- admission of the case and supported with a medical report proving that, the advocate did not attend to the case due to medical reasons. It is evident, the appellant’s prayer did not convince the trial tribunal and the application was dismissed. The medical report in support of the advocate’s sickness does not leave any doubt that, the advocate attended medical treatment on 10th October 2023. For that reason, he was unable to attend to the case before the trial tribunal leading to the impugned dismissal. In my view, the medical report was sufficient to warrant the re-admission of the case for trial. I find the trial tribunal to have erred in denying the application. Based on that mere fact, I hereby allow the appeal and proceed to set aside the order of the District Land and Housing Tribunal. The case should be re-admitted and its trial be expedited for justice. No order as to costs. It is so ordered. DATED at Mwanza this 13th Day of June 2024. 3 Ntemi N. Kilekamajenga.

JUDGE 13/06/2024 Court: Judgment delivered this 13th Day of June 2024 in the presence of the counsel for the appellant, Mr. Godfrey Ngoyayi. Right of appeal explained to the parties. Ntemi N. Kilekamajenga.

JUDGE 13/06/2024 4