hamisi omary waziri vs sylivester kusigwa 4 others 2022 tzhclandd 608 30 june 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT PAR ES SALAAM MISC. LAND APPLICATION NO. 377 OF 2021 {Oriainating from Land Application No. 206 of2012, before R.L Chenya, dated21^ December, 2016) HAMISI OMARIWAZIRI APPLICANT VERSUS SYUVESTER KUSIGWA RESPONDENT ATU MOYO HINDUKA 2"° RESPONDENT TURBIUS THOMAS CHOWO (Administrator of the Estate of the Late THOMAS CHOWO) RESPONDENT TURBIUS THOMAS CHOWO 4™ RESPONDENT MAMAHAMIS RESPONDENT RULING Date ofLast Order: 20. 06.2022 Date ofRuling: 30.06.2022 T. N. MWENEGOHA,3. In this application, the applicant wanted this Court to revise the judgment given in Land Application No. 206 of 2021 by R. L. Chenya, dated 21^ December, 2016. The reasons given for such Revision is the fact that the applicant was condemned unheard in the said case, therefore, the court should quash the judgment given in the said case and set aside the decree that followed. The application was made under Section 43(1) of the Land Disputes Courts Act, Cap 216, R. E. 2019 and accompanied by the affidavit of Hamis Omary Waziri. However, before hearing of this application, parties were ordered to address the Court through written submissions on whether the application was filed within the time. Unfortunately, neither the applicant nor the respondents presented their submissions as scheduled. Hence this ruling was prepared in respect of the issue so raised by the Court suo mottu. Upon examination of record before me,I found that the instant application is incompetent for being filed out of time. My findings are based under item 21 of the Part III of the Schedule of the Law of Limitations Act, Cap 89 R. E. 2019, where it has been provided that:- "AppHcation under the CivH Procedure Code, the Magistrates' Courts Act or other written law for which no period of limitation is provided in this Act or any other written law." The application at hand was filed on the 28'*^ July 2021, while the impugned decision was delivered on the 21^ December, 2015. Therefore, this application came to this Court more than four years after the delivery of the decision of Hon. Chenya. That being the case, this case cannot stand without leave of the Court to do so. Eventually, the instant application is struck out. No order as to costs. It so ordered. T. N^^IWENCeOHA JUDGE 30/06/2022