melkzedeck fanuel kileo vs hawa said kimweli administrator of the estate of the late nicholous mlekwa 2020 tzhclandd 3900 11 december 2020

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT PAR ES SALAAM MISC LAND APPLICATION NO. 301 OF 2020 (Arising from High Court (Land Division) in Land Appeal No. 62 of 2018 as per Hon. Mango, J) MELKIZEDECK FANUEL KILEO................................................... 1st APPLICANT JANETH JOSEPH KILEO............................................................. 2ND APPLICANT VERSUS HAWA SAID! KIMWELI (As administrator Of the estate of the late NICHOLOUS MLEKWA.......... ................. RESPONDENT Date of the ruling 11/12/2020 Date of the last order 12/10/2020 RULING I. MAIGE, J Before me is an application for extension of time to apply for leave to appeal against the decision as per Mango, J, arising from Land Appeal No. I 62 of 2018. The application is made under section 11 of the Appellate Jurisdiction Act and is founded on the joint affidavit of the applicants. It is opposed by the counter affidavit of the respondent. i The applicants justify the delay on account of that they were awaiting to be supplied with copies of judgment, proceedings and decree. It is deposed that soon after the delivery of the judgment, the applicants sought for copies of the judgment, decree and the relevant proceedings. They have attached the request letter in the affidavit. They further depose that, it was not until on 20th May 2020 when they were supplied with copies of the judgment and decree. By that time, they were already out of time. The disposal of the application was by way of written submissions which were presented in due compliance of the court direction. For the applicants, the written submissions were presented by Mr. Mahay, learned advocate. The respondent filed her written submissions in person. I have considered the contending submissions in line with the affidavit and counter affidavit. I will herein after consider if sufficient cause has been established. In his submissions, Mr. Mahay adopted the joint affidavit in support of the application and invited the Court to hold that sufficient cause has been demonstrated. He thus urged the Court to grant the application. 2 On her part, the respondent submits that, sufficient cause for extension of time has not been demonstrated. The applicants, she submits, ought to have lodged the application for leave to appeal after being supplied with a copy of the judgment. As I said above, the judgment sought to be appealed against was delivered on 27th March 2020. This application has been filed on 22nd May 2020. The applicants justify the delay on account that, they were awaiting for copies of judgment, decree and proceedings. The applicants sought for copies of judgment and decree on 20 May 2020. There is a difference of more than 53 days in between. This is inordinate delay and has not been accounted for. In my view therefore, the application is devoid of any merit and it is accordingly dismissed with costs. JUDGE 11/12/2020 3 Date: 11/12/2020 Coram: Hon. C. Tengwa - DR For the 1st Applicants For the 2nd Applicant I Present For the Respondent , RMA: Bukuku COURT: Ruling delivered in the presence of both sides. C. Tengwa DEPUTY REGISTRAR 11/12/2020 4