juma kuziwa vs bishop diocese of victoria registered 2007 tzhc 119 2 october 2007

IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT MWANZA LAND APPEAL NO. 01 OF 2007 (From the Decision o f the District Land and Housing Tribunal o f MWANZA District at IMWANZA in Land Appeal No. 207 o f 2006) JUMA KUZIW A................................................................... APPELLANT VERSUS BISHOP DIOCESE OF VICTORIA REGISTERED.............. RESPONDENT JUDGMENT Long wav, J. The Appellant one Juma Kuziwa filed this appeal and raised three grounds of appeal briefly challenging or seeking to impugn the decision of the District Land and Housing Tribunal, Mwanza that the period given to vacate the suit premises, the Constitution of the Tribunal and the process were bias and erroneously made. This appeal was filed on 18th January, 2007. No reply to the memorandum of the appeal has been filed. In February, the 7th a Chamber Summons was filed under Certificate of urgency. Parties exchanged pleadings to this application and it was set for mention/hearing on 2nd March 2007. On this date, record reads: Order: Judgment 5/10/07 Mr. Kweka, to file by 4/7/07 Mr. Njelwa, by 20/7/07 Rejoinder if any, by 27/7/07 Signed P.A. Rugazia, J. 14/6/07" Going by the record afore noted, I see that when his Lordship attended to this matter, pleadings were noted to be complete. However, it was not specific whether it was pleadings for the appeal or the chamber summons and therefore, to which the Submissions scheduled on the 14/6/07 were to refer. Until the 6/8/07 when the Honourable district registrar forwarded this matter as being ready for writing of judgment, no submissions whatever, had been filed. This is both for the appeal or the application. Since courts have held the practice of filing submissions in argument of a matter before the court as being equivalent to a hearing, the absence of or failure of filing submissions is similar to non appearance or want of prosecution See Maria Ruaarabanu vs. National Housing Corporation & Another. Civil Appeal No.32 of 1996 (Dar es Salaam) unreported, Twaha Sonaoro & 2 Others vs. Arnold Katof PC Civil Appeal No. 18 of 2003 (Dar es Salaam) unreported. 3 'Date 2/3/07 Coram: J.R. Kahyoza - DR For Appellant: Mr. Kweka Adv. Present Respondent: Mr. Kweka holding Mr. Njelwa's brief B/C: L. Mtaki Mr. Kweka: Pleadings are complete Order: Mention 27/4/2007 Signed J.R. Kahyoza 2/3/07" On the 27/4/07 before the District Registrar Mr. Njelwa appeared for the Respondent and held brief for the Advocate for the Appellant Mr. Kweka. On the next date the 6/6/07 before the Acting District Registrar, the parties and their advocates were absent and the mention of the 14/6/07 unsigned. However, on 14/6/2007, the record reads: "Date: 14/6/2007 Coram: Hon. P.A. Rugazia, J. For Appellant: Mr. Kweka For Respondent: Absent B/C: L. Mtaki Mr. Kweka: My Lord I pray to file Submissions and I undertake to inform Mr. Njelwa Adv. for Respondent. 2 In this matter, Mr. Kweka for the Appellant prayed to argue the case whichever by way of Written Submissions undertaking to inform counsel for the Respondent and yet doing nothing. In this premises, I find and hold that that there was no appearance and or prosecution of both the application and appeal. Accordingly, I dismiss the appeal for want of appearance and prosecution with costs. M.H.C.S. Longway JUDGE 2/10/2007 I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL JUDGMENT. G.K. Mwakipesile DEPUTY REGISTRA 4