kabula azaria ngondi and others vs maria francis zumba and another 2020 tzhclandd 5 9 march 2020

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC.LAND APPLICATION No. 188 OF 2018 {Arising from Misc. LandAppl. No. 696 of 2017) KABULA AZARIA NG'ONDI.............. .................... 1st APPLICANT ADIEL KUNDASENY MUSHI......................... .........2nd APPLICANT NEEMA ADIEL MUSHI.......................................... ..3rd APPLICANT VERSUS MARIA FRANCIS ZUMBA........ ............... ........ 1st RESPONDENT IGALULA AUCTION MART LIMITED....................2nd RESPONDENT RULING S.M. MAGHIMBI, J: The Applicants has moved this Court under the provisions of Section 14(1) of the Law of Limitation Act, Cap 89 R.E 2002, seeking for extension of time within which to file an application for review against the ruling of this court in Misc. Land Application No. 696 of 2017 delivered on 20th October, 2018. The application is supported by the affidavit of Adieli Kundasenyi Mushi on behalf of the Applicants, dated 03rd day of April, 2018. While the applicants were represented by advocate Mr. Peter Nyangi, the 1st respondent enjoyed the service of Ms. Regina Herman, Advocate. The second respondent never entered appearance hence the application proceeded ex-parte of her. i In this application, the applicant's main reason of delay is that after the application was struck out on 20/10/2017, they were seeking for funds and looking for interested people to join in raising the funds. On para 11 of the affidavit, the applicants averred that on the 19/11/2017, they had a meeting with their advocate and agreed to conclude the agreement with the law firm to represent them. This application was filed on 04/04/2018. In a nutshell, the applicant's main ground of delay was on gathering the funds for legal representation. On her part, Ms. Herman argued that the question of mobilization of fund was done before the application was filed. I honestly didn't see the concept in her argument because indeed the applicants averred that they had to mobilise the fund before the application was filed. The above notwithstanding, I have taken time to go through the records of this application. The records show that when the ruling in Misc. Land Application No. 696/2017 was being delivered on the 20/10/2017, Mr Nyange was present on behalf of the applicants. Hence the applicants had a knowledge of the delivery of the ruling. Furthermore, the applicants' affidavit also admits that by the 19/11/2017 they had an agreement with the advocate to represent them, however, this application was filed on the 04/04/2018, almost five months after the said agreement and no reason for all that delay has been advanced. I will not sympathize with the applicants on the lack of funds to hire a lawyer because one; it is not mandatory that they are represented by a private lawyer and two; more so important, by any means, five months is unexplainably long time to have waited to fie the current application. In consequence thereto, I find that 2 the applicants have failed to advance sufficient reason to warrant this court to use its discretion to extend time. The application is therefore dismissed with costs. Dated at Dar es Salaam this 09th March, 2020 JUDGE.