Land Case No

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA LAND DIVISION DAR ES SALAAM LAND CASE NO 2571 OF 2024 HASSAN MATOLA........................................ PLAINTIFF VERSUS HAFIDHI ALI KHALFANI............................................ DEFENDANT RULING Date of last Order: 15/11/2024 Date of Ruling: 18/11/2024 LALTAIKA, J. This Ruling is in response to the Plaintiff's prayer to withdraw the suit without costs. The Plaintiff, who appeared in person, unrepresented, informed this Court that after consultation with his lawyer, it became clear that the suit was incompetent for nonjoinder of necessary parties related to land registration specifically the Registrar of Titles. The Plaintiff, who appeared to be a seasoned orator and a storyteller, asserted that he had all along thought his lawyer had taken the necessary steps to withdraw the suit only to hear his name being called out loud by a court clerk announcing that his suit was still in court. Without going into the details, he wondered whether all the suits bearing Page 1 of 2 his names including some he had already withdrawn were not a sign of frivolous cases instituted in his name. He earnestly prayed to withdraw it without cost. The law provides that an Applicant or Plaintiff is at liberty to withdraw their application at any stage of the proceedings. However, a balance must be struck between the Plaintiffs right to withdraw and the Defendant's interest, especially when expenses have been incurred in response to the suit/application. Having carefully examined the Court records, I entertain no doubt in supporting the Plaintiff's right to withdraw the suit without cost since the matter is at an early stage and prior to any substantive determination. In the upshot, the suit is hereby marked withdrawn without an order as to costs. It is so ordered. E.L LA LTAl KA JUDGE 18/11/2024 COURT: Ruling delivered in Chambers this 18th day of October 2024 in the presence of the Plaintiff. Page 2 of 2