ERNEST DANIEL KINGUS

IN THE HIGH COURT OF TANZANIA DODOMA SUB-REGISTRY

AT DODOMA MISC. LAND APPLICATION NO. 56 OF 2022 (Arising from Land Appeal No. 30 o f 2016 in the High Court o f Tanzania at Dodoma, originating from Land Application No. 2 o f 2015 in the District Land and Housing Tribunal at Kiomboi)

ERNEST DANIEL KINGU (Administrator o f the Estate o f the late Daniel M laila)........................ APPLICANT

VERSUS REUBEN KIULA..................................................... RESPONDENT

RULING ld h & 11th September, 2024 MUSOKWA, J. This is an application for leave to appeal to the Court of Appeal of Tanzania (CAT) which was made under section 47(2) of the Land Disputes Court Act, Cap. 216 R. E 2019 (LDC). The application made by chamber summons supported by the affidavit of Mr. Leonard M. Haule, learned advocate for the applicant sworn on 24th June, 2022 containing the following prayers: - 1. That, this honourable court be pleased to grant leave for the applicant to appeal to the Court o f Appeal of Tanzania against the decision o f this honourable court in Land Appeal No. 30 of dated26/7/20217.

2. Costs o f this application to be borne by the respondent.

3. That, this honourable court be pleased to grant any other reiief(s) as it deems fit to grant. When this application came for hearing on 11th September 2024, the applicant was represented by Mr. Leonard M. Haule, learned counsel while the respondent appeared in person, unrepresented. Before hearing this application, Mr. Haule, learned counsel for the applicant prayed to withdraw this application. The learned counsel stated that, the application was for leave to file an appeal to the CAT which was made under the provision of section 47 (2) of the LDC. The said provision stipulates that a person who has been aggrieved by the decision of this court should apply for leave to appeal to the CAT. The applicant's counsel proceeded to state that, there have been amendments to this requirement through the Legal Sector Laws (Miscellaneous Amendments) Act, No. 11 of 2023; whereby seeking leave is no longer a requirement before one can appeal to the CAT. In view of the foregoing, the learned counsel prayed to withdraw the matter before this court. On the other hand, the respondent had nothing to submit. I have considered the affidavit filed for the applicant and the brief submissions of the parties as well as the law regarding leave to the CAT. I am aware that, before the amendments in 2023, in order to appeal to the CAT, one ought to file an application for leave. This was provided under

section 47 (2) of the LDC as reproduced hereinafter: - "A person who is aggrieved by the decision o f the High Court in the exercise o f its revisionai or appellatejurisdiction may, with leave o f the High Court or Court o fAppeal, appeal to the Court o f Appeal." After amendments of the law through section 47 of the Legal Sector Laws (Miscellaneous Amendments) Act No. 11 of 2023, the requirement to apply for leave to appeal to the CAT was abolished. With effect from 01st December 2023, the Legal Sector Laws (Miscellaneous Amendments) Act No. 11 of 2023, amended section 47(2) of the LDC and provides that: - "47. The Principal Act is amended in section 47- (a) In subsection (1), by inserting the words "appellate or revisiona/"immediately after the word original", " (b) By deleting subsection (2) and (c) By renumbering subsections g (3) and (4) as subsections (2) and (3) respectively. In the case of Petro Robert Myavilwa vs Zera Myavilwa and Erica Myavilwa, Civil Application No. 117/06 of 2022, dated 13th December, 2023 at Mbeya, page 6, the CAT stated that: - "The changes have done away with leave requirement for one to appeal to the Court of Appeal against the decision of the High Court regardless o f whether the impugned decision is an order, decree, an exparte -decree or a preliminary decree when exercising its original, appellate or revisionaijurisdiction. In other words,

obtaining leave has ceased to be a requisite before one can appeal to court effective the 1st December,2023. "[emphasis added] In this case, the applicant filed application for leave to appeal to the CAT so as to challenge the decision of this court dated 26th July, 2017. However, it is without doubt that the amendments envisaged above came into force after the application at hand was filed in this court. Since the amendments are in a nature of procedural law, then such changes operate 3 retrospectively. In the case of The Director of Public Prosecution vs Jackson Sifael Mtares and Three Others, Criminal Appeal No. 2 of 2018, the CAT at page 28 stated that: - "Normally, it may not be made to apply retrospectively where the said legislation affects the substance rights o f the potential victims o f that new law. On the other hand, however, if it affects procedure only, prima facie it operates retrospectively unless there is good reason to the contrary."[emphasis added] Guided by the above decision, the leave sought by the applicant has been overtaken by operation of the law. In that respect, the prayer of the applicant to withdraw this matter is hereby granted. No costs awarded because the matter is based on the operation of the law. 4