judiciary Review No

THE JUDICIARY OF TANZANIA IN THE HIGH COURT OF UNITED REPUBLIC OF TANZANIA AT KIGOMA JUDICIAL REVIEW NO. 000023162 OF 2024 LUCAS GASPER LYARUU .............................. COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS JOSEPHINE THOMAS GWASA (ADMINISTRATIX OF THE ESTATE OF THE LATE NDAISABA SAIMON .............................. RESPONDENT / DEFENDANT RULING NKWABI, J, 11 & 11/03/2025 This civil review application was brought by the applicant under the provisions of section 78 (1) (a) of the Civil Procedure Code, Cap. 33 R.E. 2019. The chamber summons has been taken out at the instance of applicant and is supported by an affidavit duly sworn by Mr. Daniel Edward Rumenyela, learned advocate. The applicant has the prayers I list below: 1. That, this honourable Court be pleased to review its order dated 21/08/2024 which struck out the land appeal case No 000015850/2024 by honourable Judge JOHN NKWABI and restore the same for its determination on merits. 2. Any other relief deemed fit. When the review was called on for hearing, the applicant was represented by Mr. Daniel Rumenyela, learned counsel. The respondent was also reperented by Mr. Michael Mwangati, learned counsel. When Mr. Mwangati commenced addressing this Court in submission in chief, on reflection he prayed this Court to permit him to withdraw the review application so that they may file a land appeal after lodging a necessary application for extension of appeal. Mr. Mwangati did not object the prayer for withdrawal of the review. He, however, pressed for costs in favour of his client, the respondent. Page. 1 Regarding the prayer for costs, Mr. Rumenyela retorted that he has withdrawn the review application at the earlier time to do away with costs and that the applicant is still intending to pursue his rights. In a witty rejoinder on the prayer for costs, Mr. Mwangati pressed that the respondent has incurred costs and they have prepared documents and prepared for hearing. Since the parties have no any issue on the prayer to withdraw the application, I proceed to make an order that application is marked withdrawn at the instance of the counsel for the applicant. On the thorny issue of costs, I have taken due consideration of the submissions of both parties. It is trite law that costs shall follow the event. That is the position of the law in Juma Mganga Lukobora & 7 Others v. Tanzania Medicine & Medical Devices Authority (TMDA) & 3 Others, Miscellaneous Civil Application No. 642 of 2020 where it was emphasized that: “… general rule is that costs shall follow the event unless the court, for good reasons otherwise order.” All things considered, I order that, in the circumstances of this review application, costs in favour of the respondent, shall abide by the outcome of the intended appeal. It is so ordered. Dated at KIGOMA this 11th of March 2025 . J. NKWABI JUDGE OF THE HIGH COURT Page. 2