Lilian Mushi v Kenton joining the party 1

1 IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA COMMERCIAL DIVISION AT DAR ES SALAAM MISC.COMMERCIAL APPLICATION NO. 1341 OF 2025 (Arising from Com m . Case No. 31414 of 2024) LILIAN WILFED MUSHI……………………………… APPLICANT VERSUS KENTON ISAAC MWAKAJUMBA……………..…….. 1ST RESPONDENT DANIEL AUGUSTINO SAID……………..………….. 2ND RESPONDENT RULING February 4th & 6th, 2025 Morris, J The above applicant has filed the present matter praying to be joined as party in Commercial Case No. 31414 of 2024 between the 1st and 2nd respondents (the suit); costs of the matter; and other discretionary reliefs per the Court’s will. The same arises from the suit which was filed by the 1st respondent against his counterpart. When the application was tabled before me for deliberation, Messrs. Edson Kilatu and Desdery Ndibalema, learned counsel appeared for the respective respondents. In principle, both did not oppose the application. 2 Their concurrence notwithstanding, I took the liberty to read the presented documents for necessary evaluation of merits therein. After perusing the affidavit in support of the application, the Court noted that the allegations of the applicant related to the non-procurement of her consent as a spouse to the 2nd respondent in disposition of their matrimonial asset which is subject of the suit above. Indeed, the suit is hinged on the dispute involving, among others, Farm No. 1310 located at Boko Area in Kinondoni District, Dar Es Salaam. The same property is the one that the applicant alleges to be the matrimonial asset jointly acquired by her and the 2nd respondent. Below, I reproduce the corresponding excerpts from the applicant’s affidavit and plaint (paragraphs 4 and 3 respectively) to exhibit the plexus between the matters discussed herein. The bolding in the quotations is rendered for Court’s emphasis. “4. That, on 5th October 2024, the 2nd Respondent signed a Sale Agreement relating to a disposed (sic) of m atrim onial assets nam ely Farm No. 1310 located at Boko Area in Kinondoni District, Dar Es Salaam to the 1st Respondent without obtaining my consent as a spouse.” 3 “3. That, the foundation and the basis of the plaintiff’s claims is compellingly based on the acts of the defendant following the blatant breach of the contract entered and concluded between the plaintiff and the defendant in respect of the purchase of the landed property described as Farm No. 1310 m easuring 1292 located at Boko in Kinondoni within the city of Dar es Salaam. The acts of the defendant amount to breach of contract in his failure to honor and perform specific obligations enshrined in the said contract.” On the basis of the foregoing quoted texts, I hold the view that, prima- facie; the applicant has demonstrated sufficient interest worth considering in the pending suit in which the Court will have the opportunity to determine the rights of parties to the finality. Consequently, the application is allowed. For avoidance of doubts, the Applicant should be joined as a Defendant in Commercial Case No. 31414 of 2024 between the 1st and 2nd Respondents pending in this Court. Costs shall follow the outcome of the main suit. 4 It is so ordered. C.K.K. Morris Judge th February 6 , 2025