msaduka shaibu ngumba vs hamisi kasubiri 2021 tzhclandd 147 30 april 2021

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT PAR ES SALAAM MISC. LAND CASE APPLICATION NO. 624 OF 2019 (Arising from District Land and Housing Tribunal for Kitombero/Uianga at Ifakara in Appeal No. 90 of 2018) MDASUKASHAIBU NGUMBA........................... ............................. APPLICANT VERSUS HAMISI M. KASUBIRI............................................................... RESPONDENT RULING I. MAIGE, J Before me is an application for extension of time to appeal against the decision of the District Land and Housing Tribunal for Ifakara in Land Appeal No. 90 of 2018. The application is brought under section 41 (2) of Land Disputes Courts Act, Cap.216 and 14 (1) of the Law of Limitation Act, the Cap. 89 and is founded on the affidavit of the applicant. The respondent has deposed an affidavit in opposition. The substance of the application was argued by way of written submissions. Advocate Stephen Mwakibolwa presented the written submissions for the applicant. The respondent filed his submissions in person. I have given the rival submissions due consideration in line with the affidavit and counter affidavit. I am satisfied that sufficient cause for extension of time has not been demonstrated. It is a settled rule of law that; for a court i to grant an order for extension of time to pursue an action, the applicant has to establish that he was prevented by good cause from so doing. This position was clearly stated in among others authorities, SEBATIAN NPAULA v GRACE WAMATHA CIVIL APPLICATION NO. 4 CAT. In this matter, the application is solely justified on account that, the applicant was awaiting for a copy of judgment. He refutably asked for the same in writing on 21st March 2019 (annexure MSN-2). This is the very date when the judgment was delivered. The affidavit is however silent as to when a copy of judgment was made available for collection. It is nevertheless indicative in annexure MSN-2 that, that the same was certified on 15th April 2019. In the absence of any explanation to the contrary, this should is deemed to be the date when the same were ready for collection. Counting from 29th October 2019 when this application was filed therefore, there is a difference of more than 6 months. This period has not be accounted for in the affidavit. In my opinion therefore, the application is devoid of any merit. It is accordingly dismissed with costs. It is so ordered. JUDGE 30/04/2021 2 Date 30/04/2021 Coram: Hon. A.S. Chugulu - DR. For the Applicant: Present in person For the Respondent: Present in person RMA: Bukuku COURT: Ruling delivered this 30th day of April, 2021 in the presence of Applicant in person and Respondent in person. m iiu - w A.S. Chgraulu DEPUTY REGISTRAR 30/04/2021 3