GILBERT KINYAHA SCANNED

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

LAND DIVISION

AT DAR ES SALAAM LAND CASE NO 3212 OF 2025 GILBERT KINYAHA..................................................................... 1stPLAINTIFF RAHEL ADAM MWILONGO........................................ 2nd PLAINTIFF SALMA RAMADHAN SEMWANZA.................................................. 3rdPLAINTIFF UPENDO MODESTUS SANGA........................................................ 4thPLAINTIFF HABIBA K. MACHEMBE................................................................. 5thPLAINTIFF ELIZABERTH MACHANGE............................................................. 6thPLAINTIFF GLORIA ADRES KIMARO.............................................................. 7thPLAINTIFF MWANTUMU H. MRUMA............................................................... 8thPLAINTIFF ENZI ISSA RAMADHANI............................................................... 9thPLAINTIFF HUSEEIN FADHILI MSOFE.......................................................... 10thPLAINTIFF THERESIA M. NJAU.................................................................... 11thPLAINTIFF GRACE FURAHA NKYA................................................................ 12thPLAINTIFF JOSEPH F. SHIRIMA................................................................... 13thPLAINTIFF MUSSA YAHAYA HASSAI............................................................ 14thPLAINTIFF

VERSUS KIBAHA TOWN COUNCIL............................................................. 1stDEFENDANT THE ATTORNEY GENERAL............................................................ 2ndDEFENDANT MICHAEL LYIMO.......................................................................... 3rdDEFENDANT ANOCIATHA FAUSTINE CHUWA............................. 4th DEFENDANT AYUBU YASSINI SEBABILI........................................................... 5thDEFENDANT OLIVANUS PAUL THOMAS............................................................ 6thDEFENDANT 1

RULING Date of last Order:7/3/2025 Date of Ruling: 7/3/2025 LALTAIKA, J, The above-named Plaintiffs instituted this suit for Judgment and Decree against the Defendants as follows: (a) An order that the Plaintiffs are the lawful owners of unsurvey area measuring 18 acres later surveyed and named as Plots Number 499,656,654, Block "F" and 174 Block "G", 150, 665,1481,411,435 Block "F" and 68,69 Block "G", 422,497, block "F", 15,16,17 block "H" 120 block "F"and282 "G"Kidimu Area respectively (b)An order that the demolition of the Plaintiffs' buildings done by the 1st defendant is null and void ab initio. (c) That an order for payment of Tsh 370,480,000,00/- as specific damages resulted from destruction/demolition of the plaintiffs' buildings in the premise. (d)An Order for payment of general damages to the tune ofTShs. 100,000,000.00 (say Tanzanian Shillings One Hundred Million only). (e) An order for payment of interest on the decretal sum at the rate of 30% monthly from the date ofJudgment to full settlement. (f) Costs be provided for. (g) Any other relief deemed proper by the Court. When the suit was called for mention today 7/3/2025, Mr. Idd Msawanga, learned Advocate, appeared for the Plaintiffs. None of the Defendants and or/their Counsel entered appearance. Mr. Msawanga submitted that the suit was coming up for mention. He explained that he had not yet served the rival

party because the suit had been erroneously assigned to the Deputy Registrar. He further stated that 2 due to a change in the law, which now required them to join the Registrar of Title, he prayed to withdraw the suit with leave to refile it in accordance with Order XXIII Rule 1 of the Civil Procedure Code Cap 33 RE 2019. He also prayed that an order for costs is not issued. I have duly considered the prayer by Mr. Msawanga. The application is made under Order XXIII Rule 1 of the Civil Procedure Code (Supra), which provides for withdrawal of suits. The Plaintiffs have demonstrated that the withdrawal is necessitated by legal developments that require an indispensable party, the Registrar of Title, to be joined in the proceedings. This Court is satisfied that the request is made in good faith and serves the overriding objective of facilitating just, expeditious, and effective adjudication of disputes. As for costs, it is settled law that costs ordinarily follow the event unless special circumstances dictate otherwise. In the present matter, since the Defendants have neither entered an appearance nor taken any step in defending the suit, they have not incurred costs that would warrant a compensatory order. Moreover, denying costs aligns with the principle of fairness and encourages responsible litigation where errors in procedure can be promptly corrected without undue hardship to any party. 3 In the upshot, the suit is hereby marked as withdrawn with leave to refile. No order as to costs. It is so ordered^ . LA LTAI KA

JUDGE 07.03.2025 Court: Ruling delivered in Court Chambers this 7th day of March 2025 in the presence of Mr, Idd Msawanga, learned Advocate, Counsel for the Plaintiffs and in the absence of the Defendants and/or their Counsel. 4