hawa salum vs hassani yasini 2021 tzhclandd 6870 29 november 2021

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM LAND REVISION NO. 7 OF 2019 HAWA SALUM................................................................. APPLICANT VERSUS HASSANI YASINI...................................................... RESPONDENT RULING OPIYO, J. The applicant made the application under S. 43(l)(a)(b) of the Land Disputes Court Act, Cap 216 RE 2019 praying for this court to call for records of the District Land and Housing Tribunal in Misc. Application No. 186/2018 delivered on 20th day of Dec 2018. The application is supported by the affidavit deponed by the applicant herself. Both parties were not represented in this application. In hearing of the matter, the applicant as a lay person could not submit much apart from adopting her affidavit to form part of her submission in chief. Likewise, the respondent also did the same. I painstakingly perused the records and both parties' affidavits. What is deponed by the applicant as the basis of her application is that:- i 2. "That I was the Applicant in Vise. Application No. 186 of 2018 in the District Land and Housing Tribunal for Kinondoni District at Mwananyamala whose Ruling delivered on 2Cfh December, 2018 before Hon. R. L. Chenya, Chairman. 3. That on 9h January, 2018 the ward Tribunal of Kwembe Ward at Ubungo District delivered a judgment against the Applicant herein in shauri No. 41/2017. 4. That I intended to appeal against the said decision as there was illegality in the said proceedings since the Tribunal gave award for matters which were not in issue during the proceedings hence the trial was not fair but I delayed to lodge the same until the limitation period expired. 5. That the delay to lodge the memorandum of appeal in the District Land and Housing Tribunal was not caused by Negligence but rather the reasons beyond my control as I am a layperson did not well understand the proper procedures to take and it took me a long time to find a place to seek a legal assistance to prepare the required documents hence I was directed by the clerk of the said tribunal to seek further legal assistance from legal and Human Right Centre (LHRC). 6. That I filed an application for extension of time to file the memorandum of appeal in the said tribunal but the ruling was declared my act of delaying a negligence. Hence it favors the respondent. 7. That I have overwhelming chances of success in the Appeal if this honourable court finds it appropriate to grant the order sought in the chamber summons in contrary I am likely to suffer irreparable 2 loss over and above the loss I already suffered if this honourable court finds it otherwise." Under the provision in which the application has been brought revision is attainable only when there is apparent error on the records and the like. From what is deponed in the affidavit no illegality or irregularity in Misc. App No. 186/2018 have been identified or shown worth revising. What is revealed by the facts is general dissatisfaction with the decision of the District Land and Housing Tribunal which can attract appeal not revision as circumstances for revision has not been met. It is well settled that, the powers of the High Court in revision are invoked accordingly when the orders sought to be revised are not appealable and issues such as whether the subordinate Court has exercised jurisdiction not vested on it and if vested, whether it has failed to exercise the same or has acted illegally or with material irregularity (see Abdal Hassan versus Mohamed Ahmed, (1989) TLR 181). No such circumstances have been proved. For the reasons the application is dismissed. 3