GRACE MAVUNDE

IN THE HIGH COURT OF TANZANIA DODOMA SUB - REGISTRY AT DODOMA LAND APPEAL NO. 26952 OF 2023 (Originating from Land Application No. 60 o f2020 o f District Land and Housing Tribunal o f Dodoma at Dodoma) GRAC E MAVU NDE (Suing as the administrator of the Estate of the late DANIEL MA VUNDE) ...................................................... APPELLANT VERSUS MONICA YARED SAJILO (Suing as the administrator of the late YARED SAJILO)...................................................... 1st RESPONDENT DODOMA CITY COUNCIL.................................................2nd RESPONDENT JUDGMENT 13/11/2024 HASSAN, J.: In the District Land and Housing Tribunal (DLHT) for Dodoma the 1st respondent herein sued the appellant and the 2nd respondent claiming to be a lawful owner of the disputed land, Plot No. 6 Block Z Kikuyu North located within Dodoma municipality. The application was heard and decided in favour of the 1st respondent. The Appellant being l aggrieved with the said decision lodged this appeal bearing four (4) grounds of appeal for resoluteness, one of them being; "That, the decision and proceedings o f the triai Tribunal are nullity for want o fjurisdiction. " When the appeal was scheduled for hearing the appellant was represented by Ms. Anna Malewa, learned counsel while the 1st respondent appeared in person and the 2nd appellant was represented by Ms. Hellen Njowoka, learned State Attorney. The appellant's learned counsel kickstarted her submissions by dropping the other four grounds of appeal and remaining with the first ground questioning the jurisdiction of the trial tribunal. She submitted that, the District Land and Housing Tribunal of Dodoma has entertained the application without jurisdiction. That in terms of section 6 of the Government Proceedings Act, it provides that any matter which involves government institution shall be filed before the high court and the same should be filed against the Attorney General. She went on submitting that since the instant application was entertained by the Tribunal contrary to the aforementioned provision of the law, she prayed the court to allow the appeal and henceforth to nullify the proceedings, quash the judgment and order meted by the Tribunal.] 2 Consequently, if the 1st respondent is desired, she has to file a fresh suit according to the law. On her part, the learned State attorney for the 2nd respondent conceded on the 1st ground of appeal. She further submitted that, with reference to the Written Laws (Miscellaneous Amendment) Act, 2020 of which, came into operation on 21/02/2020, directs that, all suits instituted against the government's institutions, have to be filed against the Attorney General (AG). Also, it provides further that, the effect of not joining the AG renders the whole proceedings a nullity. That, in the instant application, the applicant has, among others, included the Dodoma City Council in the application which was filed in March, 2020, and by that period, the law was already in operation. To that effect therefore, the trial Tribunal had entertained this application without jurisdiction so to do. Hence, the proceedings, and judgment delivered by the Tribunal should be quashed. And, if the applicant is still aggrieved, she should file her case in the competent court. On her part, the appellant left the matter for the court to decide since it involves a legal issue. 3 Indeed as well submitted by the parties, Section 6 (5) of the Government Proceedings Act, Cap 5 R. E 2019 as amended by the Written Laws (Miscellaneous Amendments) Act No. 1 of 2020 sets a mandatory requirement for suits against the government to be instituted in the High Court. Section 6 also puts mandatory terms that in suing the Government, the Attorney General must be joined as a necessary party. This is due to the use of the word "Shall" which under Section 53 (2) of the Interpretation of Laws Act, Cap 1 R. E 2019 means it is mandatory. In the instant case, the 1st respondent filed her application in the DLHT for Dodoma on the 25th day of March, 2020 after the amendment had came in force, thus the DLHT lacked jurisdiction to try the Land Application No. 60 Of 2020. That said, I invoke the powers vested to this court under section 43 (1) (b) of the Land Dispute Courts Act, Cap. 216 to nullify the entire proceedings, quash the judgment and set aside the orders handed down by the trial tribunal. Any interested party may wish to file a fresh suit in compliance with the mandatory requirement of the law. No order as to costs. Ordered accordingly. 4 DATED at 3th day of November, 2024. S. H. HASSAN JUDGE 13/ 11/2024 This Judgment delivered this 13th day of November, 2024 in the presence of the parties. S. H. HASSAN JUDGE 13/ 11/2024 5