idd mfaume yange vs hemed mustafa 2020 tzhc 1295 26 june 2020

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT PAR ES SALAAM CIVIL APPEAL NO. 73 OF 2018 (A ppeal from the judgem ent and decree of the District Land and Housing Tribunal of llala vide Land Application No. 128 of 2013) Idd Mfaume Yange............................................ Appellant Versus Hemed Mustafa (personal legal representative of the late Salma Mustafa Swalehe) ........................... Respondent JUDGEMENT Date of Last Order: 31.03.2020 Date of Ruling: 26.06.2020 Ebrahim, J.: The respondent herein successfully sued the appellant herein at the District Land and Housing Tribunal for llala (Mwalimu House 6th Floor) as an administrator of the late Salma Mustafa Swalehe @ Jamillah Seleman Mfaume claiming for ownership of 5 parcels of land situated at Vikindu Chanika within llala Municipal. The respondent among other things prayed at the Tribunal for the declaration that the applicant as an administrator of the estate of the late Salma Mustafa Swalehe is the lawful owner of 5 plots of unsurveyed land at Vikindu Chanika, llala Municipal; that the appellant herein are trespassers; and an order for i the appellant to give vacant possession of the suit to the respondent premises unconditionally. The trial chairman partly granted the application and ordered vacant possession of the suit premises against the appellant herein. Aggrieved the appellant preferred the present appeal. In this appeal the appellant was represented by Mr. Edward Magayane, learned advocate while the respondent was represented by advocate Abdallah Ngozi. On 31st March 2020, this court ordered the appeal to be disposed by way of written submission and set a date thereof. Both parties adhered to the set schedule. In the course of composing judgement I noticed that the appeal has been brought and registered as a civil case reading Civil Appeal No. 73 of 2018 instead of being brought as a Land Appeal. With such defect, I invited parties to address me on the issue. On 26.06.2020 parties appeared before me and the appellant being a lay person had nothing much to add rather than saying that he entrusted the matter in the hands of lawyers. He further sought for court’s directives. Similarly to the respondent he also let the court decide. 2 Indeed the law provides for High Court Land Registries within which land cases should be filed. This is a land case originating from District Land and Housing Tribunal of llala vide Land Application No. 128/2013. Evidently, the instant appeal was therefore supposed to be filed as a Land Appeal which would fall under the Land Registry of the High Court. Instant appeal has been filed as Civil Appeal instead of a Land Appeal, thus the matter has been wrongly filed as a civil case in a civil registry instead of a land registry. Without wasting more time, I find that the instant appeal is incompetent before this court and I struck it out with costs. The appellant if he so wishes should file his appeal at the proper registry subject to time limitation. Accordingly ordered Judge Dar Es Salaam 30 .06.2020 3