a m engineering limited vs nmb plc 2 others 2021 tzhclandd 6964 22 october 2021

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA «.jftilLtTilZ/ (LAND DIVISION)

AT DAR ES SALAAM MISC. LAND APPLICATION NO. 226 OF 2021 (C/F Land Case No. 31 of 2020 A & M ENGINEERING LIMITED APPLICANT/INTERESTED PARTY

VERSUS NMB PLC 1®^ RESPONDENT MAYO(1999) COMPANY LIMITED 2"^° RESPONDENT YASH INTERNATIONAL(T) LIMITED 3'^'' RESPONDENT

RULING Date oflast Order: 12/10/2021 Date ofRuling: 22/10/2021 T. N. MWENEG0HA,3. The Applicant one, A & M Engineering Limited filed this Application under Order I Ruie 10(2) as weli as Section 95 of Civii Procedure Code, Cap. 33 R. E. 2002 and any other enabling provisions of Law that:- a. That the Applicant/Interested party herein be joined as a Defendant in the main suit; b. That upon granting prayer (a) above, the Applicant/Interested Party be allowed to file its Written Statement of Defense; c. That costs of this Application be in the course of the main suit;. and d. Any other order or relief(s) as the Honorable Court may deem fit and just in the circumstances. This Court granted an order for the 2"^^ and 3'"'' respondents to appear for hearing of the application and summons were published in widely circulated newspapers including that of Nipashe dated 14/09/2021 at page 18 and the Guardian dated 14/09/2021 at page 3. The and 3'"'' respondents were further given time to file their reply, however they neither entered appearance in Court nor filed a reply. Moreover, the Respondent did not oppose the Application, instead they decided to concede with the Application to save the time of this Court. Having no reason to deny this application, I hereby allow this Application as follows:- 1. The Applicant/interested Party herein is joined as a Defendant in the Land Case No. 31 of 2021; 2. The Applicant is hereby allowed to file his written Statement of Defence within Seven days(7)from the date of this ruling; and 3. Costs to follow cause. It is so ordered. Dated at Dar es Salaam this 22"'' day of October, 2021. couRr o

GOHA

JUDGE / /