dr ngila mwase vs queen maleko 2021 tzhclandd 365 23 july 2021

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION)

AT DAR ES SALAAM MISC LAND APPLICATION NO. 573 OF 2020 (Arising from Application for Execution No. 160 of 2018) DR. NGILA MWASE............ ....... APPLICANT

VERSUS QUEEN MALEKO........................................................ RESPONDENT RULING. S.M. MAGHIMBI, J: The application beforehand was lodged under the provisions of Order XXXVII (l)(a) Section 68(e) and Section 95 of the Civil Procedure Code (Cap. 33 R.E. 2002) and Section 2(3) of the Judicature and Application of Laws Act (R.E. Cap 358) together with any other enabling provision of the law, whereby the applicant was praying for the following orders: 1. That this Honorable Court be pleased to grant an order for temporary injunction in respect of the order of the District Land and Housing Tribunal for Kinondoni at Mwananyamala (via Hon. Wambaili C/M) in Application for execution No. 160/2018 between QUEEN MALEKO and DR. NGILA MWASE dated 26/08/2020 pending determination of the appeal against the decision of Kinondoni District Land and Housing Tribunal for Kinondoni dated 26/08/2020 before Hon. Wambili (CM).

2. Costs of the Application to follow the event. i 3. Any other order(s) or /and relief(s) as this Honorable Court may deem fit to grant. The Chamber Application was supported by an affidavit of the applicant Dr. Ngila Mwase dated 02nd day of October, 2020. The application was subject to Land Appeal No. 198/2020 which was also pending before this Court. However, the appeal has been dismissed. Owing to the dismissal of the appeal, this application has no legs to stand on, consequently it is hereby struck out with no order as to costs. Dated at Dar-es-salaam this 23rd day of July, 2021. 2