grace simon dunia administratrix of the estate of the late simon ali dunia vs mark njiu and another 2021 tzhclandd 6812 18 november 2021

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC. LAND CASE APPL. NO. 349 OF 2021 GRACE SIMON DUNIA (The administrator of the estate of the late SIMON ALI DUNIA) APPLICANT VERSUS MARK NJIU RESPONDENT THE BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND 2'^'' RESPONDENT RULING Date of last order: 8/11/2021 Date of Ruling: 18/11/2021 T.N. MweneoohaJ: This Ruling has originated from preliminary objection which arose from the respondent, that this application is redundant and the Court cannot entertain the matter. The applicant was represented by advocates Elisha Kiula and Anna Kasembo while the 1^ respondent was represented by advocate Ramadhani Karume and the 2^^ respondent was represented by Rudolf Shimbo. When the matter came for hearing of the preliminary objection raised by the advocate for the respondent, Mr. Ramadhani Karume informed the Court his intention to withdraw the preliminary objection preliminary objection and proceeded to address the Court orally on the jurisdiction of the Court to entertain the instance application. Mr. Karume contended that the application before this Court is redundant following the changes of law introduced under Written Law Miscellaneous Amendment Act No. 3 of 2018. Mr. Karume noted that Section 9 of the Act amended S. 47 of the Land Disputes Court Act, Cap. 216 where it clearly states that a party aggrieved by decision of High Court in its original decision may appeal to the Court of Appeal as per guidance of the Appellate Jurisdiction Act Cap. 141. That upon having had a look at Section 5(1)(a)8t (b)(i- vii) the Act, it is undoubted that once parties are aggrieved can appeal to Court of Appeal without seeking leave. It was Mr. Karume's argument that since the instant application intends to seek extension of time to apply for leave file for appeal to Court of Appeal, whereupon the said leave is not needed, then the application is redundant. Mr. Karume invited the Court to examine on the validity of the application. I ordered the parties to address me orally where the advocate for the applicant, Mr. Elisha Kiula prayed for more time to research on the issue and when the matter was commenced for hearing on another day, it was Ms. Anna Kasembo who was appearing for the applicant. In replying to the respondent's submission, Ms. Kasembo, agreed with the respondent's submissions however informed the Court that to be in a safe position the applicant is praying for the respondent to concede with the application. Having heard both parties I now have to determine whether this application has legal leg to proceed. The respondent had raised a concern on point of law requesting the Court to consider that this application is redundant. I hereby agree with the respondent that this application is unnecessary. I also note that the advocate for the applicant, Ms. Kasembo agrees with this position of the law. However, she has prayed for the respondent to concede to the application. I have to say the prayer of the applicant, if granted will place the Court in a very awkward position. If the respondent concedes and the Court grant this application, it would mean that the Court has adjudicated in vacuum, with no provisions to move it. In fact, by doing so, the Court would be going against the provisions of the law. In the aforesaid, the application is hereby struck out. No order as to costs. Dated at Dar es salaam this day of November, 2021 OF f: 'p. JUDGE.