Land Case No

IN THE HIGH COURT OF TANZANIA

LAND DIVISION

DAR ES SALAAM LAND CASE NO 25163 OF 2024 DAVID MASAKA HIZA....... .................................... 1st PLAINTIFF VERONICA CLARA HIZA....................................... 2nd PLAINTIFF

VERSUS NCBA BANK (TANZANIA) LIMITED.................. 1st DEFENDANT NUTMEG AUCTIONEER & PROPERTY MANAGER LTD............................... 2nd DEFENDANT

ORDER This matter was scheduled for mention today. However, Counsel for the Plaintiffs, Ms. Demetria Daniel, has prayed to withdraw the suit under Order XXIII Rule 1 and Rule 2(a) and (b) of the Civil Procedure Code, R.E.

2019. Ms. Daniel submitted that the Plaintiffs no longer wish to pursue the matter and seek to withdraw it at this early Page 1 of 3 stage without an order for costs, on the basis that the Defendants have not incurred substantial expenses. In response, Mr. Kelvin Kidifu, learned Counsel for the 1st Defendant, indicated no objection to the withdrawal but prayed for costs. He emphasized that the 1st Defendant had engaged counsel to appear on her behalf, which entitles her to reimbursement for the costs incurred. The Plaintiff's right to withdraw a suit at any stage of the proceedings is well-established. As noted in Mulla's Commentary on Civil Procedure, a party should not be compelled to litigate against their will. The question of costs, however, lies within the discretion of the Court and requires a careful balancing of factors, including whether the suit was instituted with malicious intent, the stage at which the withdrawal is requested, and whether the withdrawal has caused undue hardship or financial burden to the Defendant. Although the learned Counsel for the 1st Defendant has rightly noted the costs involved in retaining legal representation, this alone does not automatically entitle a party to costs upon withdrawal by the Plaintiff. In this instance, I find that the withdrawal was sought promptly. Consequently, the threshold for granting costs to the Defendants has not Page 2 of 3 been met. Accordingly, the suit is hereby marked as withdrawn without an order as to costs. It is so ordered. .pi E.I. LALTAIKA U® JUDGE 18/10/2024 Page 3 of 3