Lorry

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION)

AT DAR ES SALAAM LAND APPEAL NO. 297 OF 2023 (Arising from Land Appiication No. 893 of2021, ofthe District Land and Housing Tribunaifor liaia) HEDWIGA HERMAN LORRY.. APPELLANT

VERSUS AL SAHI INVESTMENT LIMITED.. .......1®^ RESPONDENT ABDUEL GILEAD KITURURU T/A AMICUS ATTORNEYS 2^° RESPONDENT MAK AUCTION MART S**" RESPONDENT

RULING Date ofLast Order:19.02.2024 Date ofRuiing:27.03.2024 T. N. MWENEGOHA,3. Before me is an Appeal, emanating from the District Land and Housing Tribunal for Ilala, vide Land Application No. 893 of 2021. In his Memorandum of Appeal, filed in this Court on 28*^^ July, 2023, the appellant Hedwiga Herman Lorry listed a total of three grounds of Appeal. However, this Court upon reading the said Memorandum of Appeal, failed to understand what exactly are the grounds forming the basis of this Appeal, as there are numbered paragraphs, 1-3, explaining on what happened at the trial Court instead of stating the grounds as required. This fact was also noted and addressed by the counsel for the 1^ respondent Raya S. Nassir in her reply submissions. She also argued insisted that, the Memorandum of Appeal contravenes the mandatory provision of Order XXXIX Rule 1(1) and (2)of the Civil Procedure Code, Cap 33 R. E.

2019. That, the said Memorandum Contains- ; arguments, narratives and attached with authorities(cases). Further that, the law insists that a Memorandum of Appeal shall be accompanied by a copy of the Judgment and Decree and hot legal authorities like case laws. Mr. Mutakyamirwa Philemon, Advocate for the appellant, did not file a rejoinder submission to address this concern by the counsel for the respondent with regard to the legality of the pleadings. That is to say, he chose to remain silence and leave it to the Court to decided. After going through the Appeal, I found that, it has arguments supported by cases cited in the paragraphs, numbered 1-3, Apart from citing them, the said cases were attached to it as annexures showing that,vthe appellant's counsel was arguing his case at the pleadings stage. This practice is very new and unprecedented In our jurisdiction. According to XXXIX Rule 1(2) of the Civil Procedure Code, Cap 33 R. E. 2019, it has been provided that;- "(2) The memorandum shallsetforth, concisely and under distinct heads, the grounds of objection to the decree appeaied from without any argument or narrative; and such grounds shaii be numbered consecutiyeiy. Taking the strict interpretation of the word "shall" as used under Section 53(2) of the Interpretation of Laws Act, Cap 1, R. E. 2019,1 find this Appeal to be untenable owing to the same being preferred by a defective Memorandum. That, the Memorandum of Appeai filed in respect of the instant Appeal contravenes the above quoted mandatory ofthe Estate of Late Damiani Boimanda Likiliwike) versus Steven Temba, Land Appeal No. 03 of 2020, High Court of Tanzania of Tanzania (unreported). The appeal is therefore struck out with costs. It is so ordered. OUHf T. N. I^^P^pNE<S0HA o

JUDGE S 27/03/2024