MASUNGA RULING

THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MWANZA AT MWANZA MISC. CIVIL APPLICATION NO. 27688 OF 2023 (Arising from Land Appeal No 101of 2022) 1. MASUNGA SAGUDA MBOJE 2. BIBI SUNGWA 3. PAULO SALUM …………………………….. APPLICANTS 4. SHAHA PANYA VERSUS PAULINA THOBIAS (Adminstrator of the Estate of the late Thobias Faustine SingaSinga) …………………………..……… RESPONDENT RULING 17th & 31st July, 2024 CHUMA, J. In this application, the indulgence of the court is sought, for an extension of time for the applicant to institute an application for bill of cost, cost, and any other reliefs this court may deem fit to grant. The application is supported by an affidavit of the applicant. 1 When the matter was placed before me for hearing the applicant was represented by Mr. John Edward while the respondent enjoyed the legal service of Mr. Marwa both Learned counsels. Having gone through the pleadings and submission for and against by the parties in dispute the main issue for my determination is whether the applicant has shown good cause for the delay to warrant this Court to exercise its discretion to grant the extension of time sought. The law is well settled an application of this kind, can only be allowed subject to good cause advanced by the applicant. This has been pronounced in several decisions including the case of Dar es Salaam City Council v. Jayantilal P. Rajani, Civil Application No. 27 of 1987 (unreported), and that of Kalunga & Company Advocates Ltd v. National Bank of Commerce Ltd (2006) TLR 235 It is also cardinal law that in applications of this nature, an applicant must show good reasons by accounting for each and every day of the delay as was held in the case of Bushiri Hassan v. Latifa Lukio Mashayo, Civil Application No. 3 of 2007 (unreported). What amounts to sufficient or good cause has been discussed in a range 2 of cases including the Court of Appeal case of Tanga Cement Company Limited v. Jumanne D. Masangwa and Amos A. Mwalwanda - Civil Application No.6 of 2001 (unreported), it was well elaborated that: " What amounts to sufficient cause has not been defined. From decided cases a number of factors has to be taken into account, including whether or not the application has been brought promptly; the absence of any or valid explanation for the delay; lack of diligence on the part of the applicant." Now back to the instant application, and guided by the above position, the reason advanced by the applicant is a challenge faced in a court filing system. The respondents challenged this reason for failure to substantiate the allegation be it by an affidavit or letter from the Deputy Registrar. Mr Marwa also argued that the applicant failed to account for a delay from 26/9/2023 to 22/11 of 2023 when he approached the Deputy Registrar for assistance citing the case of Bashir Hassan V Ratifa Mashayo Civil Application No. 3/2007 where the court decided that a delay of even a single day has to be accounted otherwise there will no proof of having rules prescribing period within which a certain steps has to be taken. I join hands with Mr.Marwa on what the cited case provides. However, from the pleadings 3 and submission, Mr John Edward advocate for the applicant justified the contested days of delay that they encountered network problems in the court system by then JSDS and hence failed to secure the control number timely. Though as argued by Mr Marwa there is no tangible proof be it by a letter from the Deputy registrar among others, the circumstance by then triggers this court to think twice. Having said so and based on the checkered background of this matter, and for the interest of justice, I find sufficient reasons have been shown. On the premises, I find merit in the application and I hereby allow. The applicant should lodge the intended application within fourteen (14) days from the date of this ruling. The application is therefore granted. Owing to the nature of this application I desist from making an order for cost. DATED at MWANZA this 31st Day of July 2024. W.M. CHUMA JUDGE 4 Ruling delivered before Mr. John Edward advocate for the applicant and holding brief for Mr. Marwa Advocate this 31st July, 2024. W.M. CHUMA JUDGE 5