godfrey gerald atieno vs shabani mbaraka 2023 tzhclandd 16856 5 september 2023

IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC LAND APPLICATION NO. 391 OF 2023 (Application from the decision in Land Appeal Case No. 115 of 2021 Land Division) GODFREY GERALD ATIENO (As the Administrator of the Estate of GERALD RALINGO the deceased) APPLICANT / VERSUS SHABANI MBARAKA RESPONDENT RULING 31/08/2023 to 05/09/2023 E.B. LUVANDA,J This is an appiication for extension of time to seek for certificate that there is a point of law involved in the decision of this court in Land Appeal No. 115/2021 arising from Land Application No. 10/2021 which originated from Land Application No. 10/2021 originated from Majohe Ward Tribunal No. BR/AR/MJ/MSP/IIV98/2019, where parties there were Shabani Mbaraka (claimant) who win the chequered battle via exparte proof, and Gerald Raiingo (looser all long from the Ward Tribunal to the impugned decision of this Court). The main reasons for delay grounded in the affidavit in support is that after delivery of the impugned decision on 31/01/2022, the loosing party Gerald Ralingo passed away on 25/03/2022, and to indicate the alleged death, a death certificate was attached as annexure GDOl. It was alleged after the death of the alleged Gerald Ralingo, the family embarked on convening family meetings as per minutes annexure DGDOl and later appointment of Godfrey Gerald Atieno (Appellant herein) as the administrator of estate, as per a grant of letters of administration annexure GDOF. In the counter affidavit, the Respondent stated that the Applicant is not an administrator of the late Gerald Ralingo, for reasons that a certificate of death, family meetings and ruling dated 14/03/2023 before Honourable Jacob SRM show that the deceased name is Henry Gerald Ralingo who was not party in the previous case. The Applicant did not file a reply to the counter affidavit to counter or clarify this fact. Mr. Meshack Dede learned Counsel for Applicant filed submission in chief in support of the application, and said nothing regarding the above anomaly, instead embarked on pinpointing the iilegaiities marred in the impugned decision and reasons for delay. In reply the Respondent submitted that the Applicant indicate was appointed to be administrator of the late Henry Gerald Raiingo while in this court the impugned decision No. 115/2021 show parties were Shabani Mbaraka and Gerald Raiingo. He submitted that in the Applicant's affidavit there is no any affidavit to prove that the late Henry Gerald Raiingo is the same person by the name Gerald Raiingo, arguing they are two different people. The learned Counsel for Applicant filed rejoinder, argued on the merit of the docket on illegality on the impugned decision and reasons for delay and went on Ignoring to clarity whether the late alleged Henry Gerald Raiingo and Gerald Raiingo are the same. In view of the deposition in the counter affidavit which was not opposed by the Applicant, I rule the view that the purported late Henry Gerald Raiingo and Gerald Raiingo are two different people. Henry Gerald Raiingo is a stranger to these proceedings. In other words the letters of administration granted to Godfrey Gerald Otieno to administer the estate of the late Henry Gerald Raiingo, cannot be used by the Applicant to apply to be included in the proceedings for and on behalf of the alleged deceased as legal representative, as pleaded at paragraph eleven of the affidavit in support. Therefore the application is unmaintainable as it was filed via letters of administration which pertain to a different person, rendering the entire application in competent. The applica uck out. N(>arder for costs. CO c> % n E.B^VANDA /JUDGE //05/09/2023 47: OiviSVdt Ruling delive on. C./l^songo, Deputy Registrar, in the presence of both parties. covRr C. Kisongo H DEPUTY REGISTRAR 05/09/2023 r?