jaribu waikori mwita vs rock city takers ltd others 2023 tzhclandd 49 24 february 2023

THE UNITED REPUBLIC OF TANZANIA (JUDICIARY) THE HIGH COURT- LAND DIVISION (IN THE DISTRICT REGISTRY OF MUSOMA) AT MUSOMA Misc. LAND APPEAL CASE No. 67 OF 2022 (Arising from the District Land and Housing Tribunal for Mara at Musoma in Misc. Land Application No. 1082 of2021; originating from Sirori Simba Ward Tribunal in Land Application No. 12/BT/MR of 2016) JARIBU WAIKORI MWITA............................................ APPELLANT Versus 1. ROCK CITY TAKERS LTC? 2. WILLIAM SAMSON L............................. RESPONDENTS 3. LAURENCIA WAIRUNGU JUDGMENT 24.02.2023 & 24.02.2023 Mtulya, J.: On 24th June 2022, the District Land and Housing Tribunal for Mara at Musoma (the tribunal) in Misc. Land Application No. 1082 of 2021 (the application) had resolved that: Kwa mazingira haya maombi haya yameletwa kinyume na utaratibu za kisheria hivyo yanatupHiwa mbali kwa gharama This decision emanated from a preliminary objection hearing on a point of law resisting the jurisdiction of the tribunal in the i application. The point was raised by learned counsel for the respondent, Mr. Wambura Kisika, which was replied by Mr. Amosi Wilson, learned counsel for the appellant. Mr. Wilson was satisfied with the Ruling on the raised point of law, but was uncomfortable with the use of the words: maombi haya yanatupHiwa mbaii \v\ the final page of the Ruling. According to Mr. Wilson, the order is similar to dismissal order in English language and that is contrary to law as the application was not heard and determined on merit. Following his dissatisfaction, Mr. Wilson approached this court and filed Land Appeal Case No. 67 of 2022 (the appeal) praying for proper interpretation of the law in situations like the present one. Today morning when the application was called for hearing, Mr. Wilson was very brief praying for directives of this court on Ehe subject. However, his complaint was well received by Mr. Kisika interpreting the words: maombi haya yanatupHiwa mbaii to mean struck out order, and supported the practice of courts to the effect that matters which were not resolved in merit are to be struck out. I have perused the record of the present appeal and found the words: maombi haya yanatupHiwa mbaiias displayed at page 3 of the Ruling of the tribunal in the application and grasped the submissions of the learned minds, and think that they are in 2 agreement that that the words: maombi haya yanatupiliwa mbaii from a decision on point of law are interpreted in plain English language as: this application is struck out Available practice on the subject shows that rulings or orders that end proceedings emanating from preliminary hearing proceedings produce struck out orders (see: Meet Singh Bhachu v. Gurmit Singh Bhachu, Civil Application No. 144/02 of 2018). Having noted so, I allow the appeal and invoke section 43 (1) (b) of the Land Disputes Courts Act [Cap. 216 R.E. 2019], to interpret the words: maombi haya yanatupiliwa mbali in the application to mean this application is struck out. I do so without any costs as the contest may take its new course and in any case Mr. Kisika and Wilson acted as officers of this court in justice to Judge 24.02.2023 Judgment was pronounced in Chambers under the Seal of this court in the presence of Mr. Amosi Wilson, learned counsel for the applicant, and in the presence of Mr. Wambura Kisika, learned counsel for thcu^spondent. "V. ELMtufya) Judge 24.02.2023 3