Ruling Mawia

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB - REGISTRY OF MWANZA

AT MWANZA LAND APPLICATION NO. 13646 OF 2024 (Arising from the decision No. 03/2023 by the District Land and Housing Tribunal for Ukelewe at Nansio) MAWIA MUSAI ………………………..…………………………………… APPLICANT

VERSUS KASSIM WEGOLO ……….……………..………………..…..……. 1STRESPONDENT TABU WEGOLO …………………………………………………….. 2ND RESPONDENT

RULING 20th & 23rd August 2024 CHUMA, J. The applicant in this application is seeking the indulgence of this court to grant an extension of time to file an appeal out of time and any other order this court may deem fit and just to grant. The application is supported by the affidavit of the applicant. In this application, both parties are unrepresented. When the matter was placed before me for hearing the applicant had nothing to add from the filed affidavit which he prayed to adopt and argued the court to decide based on what was deponed in his affidavit. He finally requested his application be granted as per chamber summons. 1 In response, Mr.Kassim Wegolo contested the applicant's reasons for his delay in lodging an appeal timely for want of proof of the alleged illness. The applicant submitted no documents to support his allegation. He prayed the application be dismissed. Ms Tabu Wegolo the second respondent had a similar submission as that of the first respondent challenging the application. According to her, in the instant application, the applicant's affidavit goes without tangible proof to warrant this court's believe that he was sick. No documents from the hospital to prove his claim. Having heard the party’s submissions, and scrutinized the record of the application the issue for determination by this court is whether the applicant has established good cause to warrant

the grant of the sought order. It is a cardinal law that in an application of this kind the applicant must establish sufficient cause as held in the case of Bushiri Hassan Vs. Latifa Lukio Mashayo, Civil Application No. 3 of 2007 (unreported). The conditions were set out in the case of Lyamuya Construction Company Ltd Vs. Board of Registered Trustee of Young Women's Christian Association of Tanzania Civil appeal No. 2/2010. 2 What amounts to sufficient or good cause has been discussed in a range of cases including the Court of Appeal case of John Mosses and Three Others Vs. The Republic, Criminal Appeal No. 145 of 2006 where the position of the law stated in the case of Elias Msonde Vs. The Republic, Criminal Appeal No. 93 of 2005 was quoted. The Court of Appeal stated “We need not belabor the fact that it is now settled law that in an application for extension of time to do an act required by law, all that is expected by the applicant is to show that he was prevented by sufficient or reasonable or good cause and that the delay was not caused or contributed by dilatory conduct or lack of diligence on his part”. It was also stated by the Court of Appeal in the case of Blue Line Enterprises Ltd. Vs. East African Development Bank, Misc. Application No. 135 of 1995 (unreported that:- “It is trite law that extension of time must be for sufficient cause and that extension of time

cannot be claimed as of right, that the power to grant this concession is discretionary, which discretion is to be exercised judicially, 'upon sufficient cause being shown which has to be objectively assessed by Court." 3 Guided by the above position, the reason advanced by the applicant in his application is illness and old age. From the foregoing position of the law reasons for ill health being among the supervening event may amount or fall within the realm of good cause. The applicant however did not strictly justify his allegation by attaching or submitting medical documents in court as rightly submitted by the respondent. But based on the historical background and nature of this matter, parties, the days of delay which is three days, for the interest of justice, I take the submitted reasons as sufficiently justifiable that the applicant's delay is exceptionally excusable. Given the above, it is my settled position that, the delay, in the circumstances of this application is with good cause to warrant this court to think of considering the sought order. In the event then the application is granted. The applicant should lodge the intended appeal within 30 days from the date of delivery of this ruling. Owing to the nature of this matter, I desist from making an order for cost. 4 I so order. DATED at MWANZA this 23rd day of August, 2024. W.M. CHUMA

JUDGE 5 The ruling delivered virtually in attendance of the applicant in person and in absence of the respondents this 23rd day of August 2024. W.M. CHUMA

JUDGE 6