LUSOLELA LUCHAGULA AND 5 OTHERS

THE JUDICIARY OF TANZANIA

IN THE HIGH COURT OF UNITED REPUBLIC OF TANZANIA AT MWANZA LAND APPEAL NO. 000024892 OF 2024 LUSOLELA LUCHAGULA AND 5 OTHERS .............................. COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF

VERSUS WIYALE KASABUKU AND 2 OTHERS .............................. RESPONDENT / DEFENDANT

RULING MATUMA, J, In the last session on the 3rd of December 2024, I ordered the appellants to properly serve the respondents because the documents served were incomplete. I also ordered them to file in this Court the missing attachments to make proper the records for the proper determination of this appeal. MR. Emmanuel Sayi learned advocate for the Respondents has informed this Court that such an order has not been complied to date. I have also cross-checked the Court records and found that the appellants have not done the needful as it was previously ordered. The second Appellant who seemed to speak for herself and for other appellants ended up blaming their advocate Mr. Jackson Marwa Ryoba that he has refused to act for them because they have failed to give him Tshs.500,000/= which he demanded for him to attend this appeal. She has explained that even the missing attachments were all sent to their advocate but she knows nothing more. Since the records of appeal are incomplete this Court is unable to proceed with this appeal property. On the other hand, the 2nd Appellant has reported that the 1st and 2nd Appellant did not appear despite the fact that they are aware of this appeal because they communicated with them through a phone. She also informed this Court that the 4th Appellant is a sick man for a long period and the 6th Appellant is a lunatic person since when he was a

youth. When I asked her how did they obtain the signatures of such other appellants including the lunatic one, she told this Court that they caused them to sign just because they were included in the list. To her, it was Monika Nyamu and Bahati Lutambi who ought to be co-appellants and prayed for them to be joined. With such submission, it is clear that this appeal has been drawn in the names of some appellants who have either no interest in the matter or their respective signatures were fraudulently obtained. That being the case this appeal cannot stand properly to be determined without ascertaining the willingness of the parties to avoid possible prejudices to innocent people who might not have consented to this Page. 1 appeal although they appear as parties. With such deficiencies, I rule out that this appeal is incompetent and accordingly struck out. I however by considering the submissions made by the 2nd Appellant, grant leave to the appellants if they still have interest in pursuing further the matter to re-lodge a proper appeal subject to time limitation. No orders as to cost. It is so ordered. A. MATUMA Judge 03.04.2025 Dated at MWANZA this 3rd of April 2025 . A. MATUMA

JUDGE OF THE HIGH COURT Page. 2