mlay vs lauwo others 2016 tzca 118 18 october 2016

IN THE COURT OF APPEAL OF TANZANIA

AT ARUSHA (CORAM: MJASIRI, J.A., MUSSA, J.A., And JUMA, J.A.) CIVIL APPEAL NO. 118 OF 2016 HAROLD EMMANUEL MATHAYO MLAY • • • . • • . • . . • . . . . • . • • • • . • APPELLANT

VERSUS 1. HELLEN DANIEL LAUWO••••••••••••••.•........••.••• 1 sT RESPONDENT 2. HEDAL GENERAL SUPPLIES CO. LTD .•••••••....•••.••• 2No RESPONDENT 3. STANDARD CHARTERED BANK (TANZANIA) LIMITED ••••• 3Ro RESPONDENT 4. YONO AUCTION MART & COURT BROKERS Ltd •.•••••••.• 4TH RESPONDENT 5. SILVER PALM KHOTEL TANZANIA LIMITED ••..•....•.••. 5TH RESPONDENT (Application from the Ruling and Orders of the High Court of Tanzania at Arusha) (Massengi, J.) Dated 15th day of September, 2015 in Land Case No.59 of2014

ORDER OF THE COURT JUMA, J.A.: When this appeal came up for hearing today, the appellant appeared in person, his learned counsel, Mr. Wilson Jacob Mallya having earlier written a letter to withdraw his representation of the appellant in this appeal. After a brief interaction with the Court over the mandatory requirement of prior leave of the High Court, which is missing out in this 1 appeal, the appellant prayed for withdrawal. He explained that the withdrawal of his appeal will enable him to come back to the Court with a properly constituted record of appeal. Mr. Nicholas Munuo, the learned counsel who appeared for the first and second respondents, supported the prayer for withdrawal. The prayer for withdrawal had the full support of Mr. Edwin Lyaro learned counsel for third and fourth respondents who also did not press for costs. On his part, Mr. Gwakisa Samba learned counsel who appeared together with Mr. Ipanga Kimmaay, for the fifth respondent, had no objection. On our part, we think the best interests of justice will be served if the prayer for withdrawal is granted. This appeal is as a result marked withdrawn under Rule 4 (2) (a) of the Court of Appeal Rules, 2009. There shall be no order as to costs. 2 DATED at ARUSHA this 18th day of October, 2016. S. MJASIRI

JUSTICE OF APPEAL K. M. MUSSA

JUSTICE OF APPEAL I. H. JUMA

JUSTICE OF APPEAL I certify that this is a true copy of the original. h~ I. '""' .Ye . '· -~'. . ,. . ,,;,,,;, -:"; :... • r • ' c • ~c . , . .... "' ... -. B. R. NYAKI ~ ~· ..,, ,,~."' .. : :. ' ~ ·'· DEPUTY REGISTRAR ~~ :· • I I

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