Misc

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA LAND DIVISION DAR ES SALAAM MISC. LAND APPLICATION NO 27320 OF 2024 EVAREST KIDUTOI KIVUYO........................................ APPLICANT VERSUS REGISTRAR OF TITLES...........................................RESPONDENT RULING Date of last Order: 15/11/2024 Date of Ruling: 18/11/2024 LALTAIKA, J, This Ruling is in response to the Applicant's prayer to withdraw the application without costs, as submitted by Ms. Tabitha Maina, learned Counsel for the Applicant. Counsel submitted that it had come to her knowledge that the application was premature and that she needed to conduct some more background research. Ms. Maina prayed to withdraw the application pursuant to Order XXIII Rule 1 and Rule 2 paragraphs (a) and (b) of the Civil Procedure Code, R.E. 2019. According to the learned Advocate, Ms. Maina, the basis for her request for withdrawal without costs is that the application is being Page 1 of 3 withdrawn at an early stage, implying that the Respondents have not incurred substantial expenses. She emphasized that she had not even served them and that is why they were not in court. The issue before this Court is twofold: first, whether the application should be withdrawn and second, if the answer is to the affirmative, whether it should be withdrawn without costs. The law provides that an Applicant or Plaintiff is at liberty to withdraw their application at any stage of the proceedings. However, a balance must be struck between the Applicants right to withdraw and the Respondent's interest, especially when expenses have been incurred in response to the application. Having carefully examined the Court records, I entertain no doubt in supporting Ms. Maina's submission. Indeed, the application has not been served to the Respondent and therefore the issue of cost is out of question. In this context, I am of the view that the Applicant's right to withdraw the application without cost takes precedence, particularly since the matter is at an early stage and prior to any substantive determination. Page 2 of 3 In the upshot, the application is hereby marked withdrawn without an order as to costs. It is so ordered. In E.I. laltaika ■£// JUDGE W 18/11/2024 COURT: Ruling delivered in Chambers this 18th day of October 2024 in the absence ofparties. Page 3 of 3