LAND APPEAL NO

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA ARUSHA SUB-REGISTRY AT ARUSHA LAND APPEAL NO. 175 OF 2022 {Arising out of Land Application No. 167 of2021 before the District Land & Housing Tribunal for Arusha at Arusha) ELIPOKEA RITOINE APPELLANT VERSUS FATAELI LEWI RESPONDENT RULING 14/06/2024 I am called upon to make a ruling on the status of this appeal which has remained unprosecuted despite being ordered to be disposed of by way of written submissions. The said appeal arose out of Land Application No. 167 of 2021 before the District Land & Housing Tribunal for Arusha at Arusha, the Appellant being aggrieved by the decision of the Tribunal preferred to appeal on the ground that On March 27, 2024, this court granted a prayer by the Respondent to argue the case by way of written submission. On the particular date, the Respondent was in attendance and the Appellant did not enter appearance. The court having granted the prayer to argue the appeal by written /Page 1 of 5 submission due to the fact that the Respondent was appearing in person, unrepresented, entered a filing schedule ordering the filing of the submissions as follows: Appellant W/S by 09/04/2024 Respondent W/S by 23/04/2024 Rejoinder if any 30/04/2024 Judgment 14/06/2024 @11: 00am Today, the matter was scheduled for judgment, and both parties appeared in person. The Respondent informed the court he was in court for a scheduled date of judgment, but then informed the court that he did not do any filings as per the court order due to the reason that the Appellant has not abided by the court order. On the other hand, when the court prompted the Appellant to address it, he intimated that he was in court to ascertain whether the lower court record was now in. The court took the liberty of explaining to the Appellant and reminding him that according to the record, he was absent the last time the matter was scheduled, and on that particular date, the case was actually scheduled for Page 2 of 5 hearing as per the order of March 27, 2024, at which time a prayer to argue the appeal by written submission and a filing schedule was entered. On this eventuality, the Respondent then prayed that since the Appellant did not abide by the said scheduling order, and he has been following up on this matter in court, this court should dismiss the Appeal with costs. In the circumstances, I am constrained to decide the Appeal without any of the filings by the parties despite being so ordered, nor can I ignore the valid argument by the Respondent. In any case, it is a trite principle of law that failure to lodge written submissions after being so ordered by the Court, is tantamount to failure to prosecute or defend one's case. See National Insurance Corporation of (T) Ltd & Another vs Shengena Limited, Civil Application No. 20 of 2007, Patson Matonya vs The Registrar Industrial Court of Tanzania & Another, Civil Application No. 90 of 2011, Godfrey Kimbe vs Peter Ngonyani, Civil Appeal No. 41 of 2014 and Onesmo Nangole vs Dr. Steven Lemomo Kiruswa & 2 Others, Civil Appeal No. 129 of 2016. (unreported). In all these cases, among many others, the Court held that failure by a party to lodge written submissions after the Court has ordered a hearing by written Page 3 of 5 submissions is tantamount to being absent without notice on the date of hearing. In the Shengena case, for instance, the Court of Appeal observed: "The Applicant did not file submission on due date as ordered. Naturally, the court could not be made impotent by a party's inaction. It had to act. ... it is trite law that failure to file submission(s) is tantamount to failure to prosecute one's case." By not filing any submissions contrary to the order of the Court of 27/03/2024, the Appellant has therefore failed to prosecute his Appeal and the Court is entitled to proceed with the ordering a dismissal as prayed by the Respondent, as if the Appellant did not appear at the hearing despite being duly aware of the pendency of this Appeal. I thus dismiss this Appeal with costs. It is so ordered. DATED at ARUSHA this 14th day of June 2024 A. Z. Bade Judge 14/06/2024 Page 4 of 5 Ruling is delivered in the presence of the parties in chambers on the 14th day of June 2024. A. Z. BADE JUDGE 14/06/2024 Page 5 of 5