Halima Mohamed Kamuzora J

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB REGISTRY OF MANYARA AT BABATI MISC. LAND APPLICATION NO. 12889 OF 2024 (C/F Application No. 104 of 2017, in the District Land and Housing Tribunal of Babati) HALIMA MOHAMED (As Administrator of the estate of the late HAWA MOHAMED GWANDU).................... APPLICANT VERSUS REGISTERED TRUSTEES OF GREAT COMMISSION CHURCH OF TANZANIA............................... RESPONDENT RULING 04th July, 2024 D.C. KAMUZORA, J The Applicant in this case prays for extension of time to lodge an application for revision of the proceedings and judgment of the District Land and Housing Tribunal in Application No. 104 of 2017. This application was brought by way of chamber summons under the provision of section 14 (1) of the Law of Limitation Act, Cap 89 R.E 2019. The application was also supported by the affidavit of the Applicant but not contested by the respondent for there is no counter affidavit that was filed in court. Page 1 of 4 Briefly, the Applicant is the legal representative of the late Hawa Mohamed Gwandu. She instituted a land dispute against the respondent before the District Land and Housing Tribunal of Babati (herein referred as the trial tribunal), Application No. 104 of 2017 claiming for two acres of land as the property forming the estate of the late Hawa Mohamed Gwandu. The records show that the judgment was delivered on 25th May, 2023 and a decree there to, issued. After the decision was made by the trial tribunal, the Applicant applied to this court for extension of time to appeal against the decision of the trial tribunal. This court granted the extension vide Mise. Land Application No. 57 of 2023. The Applicant then instituted Land Appeal No. 5050 of 2024 before this court but the same was withdrawn after it was discovered that there was no decision or award that was made by the trial tribunal to which, an appeal could be preferred. Parties thought that the proper remedy was to file a revision application to allow this court to call for records of the trial tribunal and satisfy itself as to the propriety and, or legality of the proceedings and decision of the trial tribunal. However, the Applicant's counsel discovered that time for revision had already lapsed thus, preferred the present application for extension of time to file revision application. Page 2 of 4 When the matter was called for hearing, parties appeared and Mr. Joseph Masanja appeared representing the respondent. The counsel for the Applicant Mr. Shirima was unable to appear as he was reported sick. At the outset, Mr. Masanja addressed this court conceding to the application. He agreed that it was important for Applicant's prayer for extension of time to file revision to be granted for he believed that it could be a proper way to determine a point of controverse between the parties. Having considered the records in this case and facts deponed in the Applicant's affidavit, this court find it reasonable to grant the application for extension of time. In fact, the Applicant was able to account for the delay in considering that there were pending proceedings at all time which resulted into the delay in filing a proper application. The Applicant was able to demonstrate the reason for delay as required under the law and case laws and that is why the respondent had nothing to contest over the application. In addition, the respondent's counsel although did not file counter affidavit had the opportunity to address this court. He supported the application for he thinks that there are some issues in the proceedings and decision of the trial tribunal which for the interest of justice, it is appropriate that an application be granted for the parties to file revision Page 3 of 4 application which will pave way for this court to correct the trial tribunal's records. In considering the above argument and since the application is uncontested, I proceed to grant the application. The Applicant is allowed to file revision application within 30 days from the date of this order. In short, the application is granted but each party shall bear its own costs. DATED at BABATI this 04th Day of July, 2024 D.C. UZORA JUDGE Page 4 of 4