john alfred kyenkungu and another vs tanways company limited and others 2021 tzhclandd 87 23 march 2021

IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT PAR ES SALAAM MSC. LAND APPLICATION NO. 107 OF 2021 JOHN ALFRED KYENKUNGU......................................... l stAPPLICANT JAMAA FAST FOOD LIMITED............................. ........ 2ndAPPLICANT VERSUS TANWAYS COMPANY LIMITED.................................lstRESPONDENT EQUITY BANK (TANZANIA) LIMITED.................... 2ndRESPONDENT NUTMEG AUCTIONEERS & PROPERTY MANAGERS LTD............. .................. ............... 3rd RESPONDENT RULING MGETTA, J: When the application was called on for hearing, Mr. Sylvester Aligawesa, the learned advocate for the two applicants rose and asked me to allow him to withdraw the application for departing from the scheduling conference order in order to file amended written statement of defence. Replying to Mr. Aligawesa's request for withdrawal of the application, Mr. Daniel Ngudungi, the learned advocate for the 1st respondent and Mr. Zuri'el Kazungu, the learned advocate for the 2nd and 3rd respondents had no objection. But they pressed for cost in that they incurred costs when coming to court and when going through the chamber summons supported by affidavit when served upon them. i In a rejoinder, Mr. Aligawesa vehemently objected the award of costs to the respondents' learned advocates stating that they have not yet incurred any costs as today is the first appearance of both parties. On my part, having considered brief submissions by the learned advocates, I don't have any objection to the prayer of withdrawal of the application as requested by Mr. Aligawesa. As regard to payment of costs, it is my considered opinion that as it is first appearance of both sides before me and the respondents have not yet filed any document, to wit counter affidavits, obviously not much in terms of monetary has been spent by the respondents. Thus, the parties have to bear their respective costs, if any. In the event, Mr. Aligawesa, the learned advocate for the applicant is accordingly allowed to withdraw the application and each party has to bear its own costs, if any. It is accordingly ordered. J.S.MGETTA JUDGE 23/3/2021 2 COURT: This ruling is delivered today this 23rd March, 2021 in the presence of Ms. Jadness Jasson holding a brief for Mr. Sylvester Aligawesa, the learned advocate for the applicants and Mr. Zuri'el Kazungu, holding a brief for Mr Daniel Ngudungi, the learned advocate for the 1st respondent and Mr. Zuri'el Kazungu, the learned advocate for the 2nd and 3rd respondents. J.S.MGETTA JUDGE 23/3/2021 3