20180508 TZHC Dodoma

IN THE DISTRICT LAND AND HOUSING TRIBUNAL

FOR DODOMA . AT DODOMA MISC APPLICATION NO 247 OF 2017 ISMAIL SEMWALI.... 'l.••~·-·······•• ■-••·············""""·APPLICANT

VERSUS JANETH SADALA .................................:. ... RESPONDENT t,· -•~.- RULING 'ilt:;: ,.,,.;· .. The applicant here Ismail Semwali is asking for extension of time for filling an appeal against the decision of the ward tribunal of Nghong'onha in the Land Case. No. 41 of 2016. dated 8th June 2016. The .application is - supportE;d by - the·· affidavit sworn .by Ismail _semwali. The . applicant advanced one main reason for him to fail to file an appeal within time. That he is very old of 80 years. And he offenly falls sick for the same reason of age complexicity. His counsel submitted that the intended appeal has merits and the appi'icant has an overwhelming chances to succeed. The counsel for the respondent however submitted that the applicant have not advanced good reasons for his failure to file the appeal in time. I have gone through the submission by both applicant and respondent. I have..also gone through the ward tribunal original proceeding and the following is true. That the applicant and respondent both testified before the ward tribunal. Ind~ed the ward tribunal proceeding, reveals that the applicant is old. And that .. there are some legal errors on face of the ward _tribunal_ proceedings ' . to warrant the intended appeal to have overwhelming chances to succeed. 1 And that the delay by the applicant was reasonable. Under the same reasoning I order the

following. (1) Application is allowed (2) ' The exec~tion order da_~ed 17/10/2016 is set aside (3) , And for the parties not to waste tirne and costs I · proceed to quash the decision ,of the ward tribunal. And nullify the whole 1 . proceeding ofthe ward tribunal. The reason is that the respondent _k ;1(' • filed the case before the ward tribunal without first obtaining legal , status to sue. The appli~qnt here had nothing in possession of . whatever claimed by-_ the respondent. But again .,there was a --- --- - --- ----- -- -- -~-misjoinder_ Qf parties as some portions of land claimed by the , respondent is~in-p-ossession_ofofner people--and--not-t:Me-applicant_.}~ __ __ . here. (4) Parties. and all necessary parties are at libert to file a fresh suit · before-any competent tribunal: _ _ _ _( ~}_ ...~o~:0.r.qer as to the costs it4D r7 U/,;;>~j~;:~~ - - - - - - -. - - .> ~ l(-·: :: ,, <::\ Sdg. H.E. Mw1hava . . Jt: .. ;:i - ~'• '(~( ,t;~j} . ·_;'1:_;_i_} Chairman }~;.·· •!· -:Tribuna . . J .1/,ttjl1, - Ri'.flffu~iijjffj}ed/on this 8th day of May, 2018 in presence o,f both parties and Ms. Eunice Dionis Advocate for the Applicant. Sdg. R.S.S.~ Mandari Chairman 8/5/2018. 2 :-- Government electronic payment gateway Page 1 of2 I Jamhuri ya Muungano wa Tanzania United Republic of Tanzania Ministry of Lands, Housing and Human Settlements Development Exchequer Receipt Stakabadhi ya Malipo ya Serikali Receipt No : 99002462472 Received from : JANETH SADALA Amount : 20,000.00 TZS Amount in Words : Twenty Thousand Tanzanian Shilling Only In respect of : 140368 - Miscellaneous Receipts -Bill Reference : PETITION. OEAPPEAL IO HIGH

COURT Payment Control Number : 991170926270 Payment Date : 2018-06-04 Issued by :·scHOLASTICA KABUTA NYENDO Date Issued Signature Government Payment Gateway© 2017 All Rights Reserved (GePG) https://www.gepg.go.tz/payments/2690749/successful 26/06/2018