farida helman kyasi and amina abdallah luwambo joint administrators of the estate of the late shaban abdallah rwamboversus emanuel am mjema 4 others 2023 tzhclandd 168

>• IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC. LAND CASE APPLICATION NO.322 OF 2023 (Arising from Land Application No.03 of 2016, by District Land and Housing Tribunal for Kinondoni) FARIDA HELMAN KYASI AND AMINA ABDALLAH LUWAMBO (Joint Administrators of the Estate of the late SHABAN ABDALLAH RWAMBO) APPLICANT VERSUS EMANUEL A.M M3EMA 1®^ RESPONDENT HARUMA R MAWALA RESPONDENT ALLY SELEMAN RESPONDENT MWALIMU 3IVUNENI 4™ RESPONDENT FATUMA ULIZA 5™ RESPONDENT RULING Date ofLast Order: 17.07.2023 Date ofRuling: 31.07.2023 T. N. MWENEGOHA,3. This Application was brought under Sections 41(1)of the Land Courts Disputes Act,Cap 216 R. E. 2019.The applicant sought among others, for an order to extend time within which the applicant may apply for an appeal out of time, against the decision of Hon. S. H. Wambili, Chairperson of the Kinondoni District Land and Housing Tribunal dated 24^^ November, 2022, vide Land Application No. 03 of 2016. It was supported by the joint affidavit of the applicants, Farida Helman Kyasi and Amina Abdaiiah Luwambo. The same was heard by written submissions and exparte against the Z"'' to 5"^ respondents. In his submissions. Mr. Mohamed Tibanyendera for the applicants, maintained that, when the impugned decision was delivered, the late Shaban Abdaiiah was present. Being aggrieved by the said decision, he took steps in challenging it, including applying for the copy of the Judgment and Decree of the trial Tribunal, for him to prepare the documents for appeal. Unfortunately, he fell sick and was admitted to Lugalo Military Hospital for sometime before he was able to obtain the copies of the Decision and Decree, he applied for. He subsequently died at Muhimbili National Hospital on ll"' February, 2023. The applicants then took efforts to obtain the letters of administration for the estate of the late Shaban Abdaiiah Rwambo, vide Mirathi No. 507 of 2023 that they were appointed as joint administrators on the 8"^ May, 2023. Ten days later, on the 18^ May, 2023, they lodged the instant Application. That, these facts constitute sufficient reasons for the Application to be allowed as stated Omary Shaban Nyambu versus Dodoma Water Sewerage Authority, Civil Application No. 146 of 2016, Court of Appeal of Tanzania,(unreported), quoting the case of Abdaiiah Saianga and 63 Others versus Tanzania Harbors Authority, Civil Application No. 4 of 2001 (unreported) and Republic versus Yona Kaponda &9 Others. Mr. Amon Rwiza, for the 1=' respondent, in his reply submissions, maintained that, the applicants have failed to provide sufficient reasons for their delay. Further, they did not account for the days they delayed. That, the copies of the impugned decision were requested by the applicants on the of December, 2022(annexure SR-3), and they chose to collect the same when the time to appeal had lapsed. That, this Is their negligence. The sickness of the deceased cannot be a reason for their negligence, as the applicants' Advocate could have collected them, not necessary the said Abdallah Rwambo. Above all, the Application was filed on the 23'''^ May, 2023, marking 17 days from the date of grant of letters of administration and these days were not accounted for by the applicants' counsel. He referred the case of Elias Kahimba Tibenderana versus Inspector General of Police and Another, Civil Application No. 388/01 of 2020, Court of Appeal of Tanzania, at Dar es Salaam (unreported). I have considered the submissions from both counsels on behalf of the parties. Also, visited the affidavit in support of the Application and a counter affidavit from the 1^ respondent. The issue for determination is whether the Application has merits or not. The rules are settled, that in an Application for extension of time, the duty of the applicant is to adduce sufficient reasons and account for the days he or she delayed in taking the intended cause. In the present case, the applicants have satisfied this Court that, their delay is justifiable, see Omary Shaban Nyambu versus Dodoma Water Sewerage Authority, supra. That, the same was caused by the sickness and the death that followed, of Shaban Abdallah Rwambo, the applicant in the impugned decision. The events that befell on the deceased family were out of their control, and they are not to be taken easily as the 1^ respondent's counsel is trying to contend in this Application. See annexure SR-1 collectively as it was explained the applicants, that the Said Abdallah Rwambo was awaiting records and fell ill never to recover. The Applicants then did not sit on the deceased rights but rather worked on management of his administration and upon successful grant of the said administration. They approached the Court to adjudicate the matter. This Court is satisfied that the events encountered by the applicants are sufficient to merit grant of this Application. I, therefore, allow it accordingly. The applicants are given 14 days upon extraction of this Ruling from this date, to file his intended appeal. No order as to costs. It is so ordered. T. N. MWENBGOHA OP JUDGE O c 31/07/2023 T C5 £ > o