mohamed a kwangaya vs rajabu said mbeid administrator of the estate of the late said omary mbeto 2023 tzhclandd 16727 27 july 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT PAR ES SALAAM MISC. LAND APPLICATION NO. 333 OF 2023 (Arising from decision of the District Land and housing tribunal for Temeke (Hon. Chinyeie P.I - Chairman dated 4/08/2022 in Execution Application No. 645 of2021) MOHAMED A. KWANGAYA.......................................... APPLICANT VERSUS RAJABU SAID MBEID (Administrator of the Estates of the late SAID OMARY MBETO)............................................ RESPONDENT RULING 27th July, 2023 L. HEMED, J. On 05th June 2023 the applicant herein filed the instantaneous application under section 41 (2) of the Land Disputes Court Act [Cap 216 RE 2019] and section 14 (1) of the Law Limitation Act [Cap 89 R:E 2019] seeking for among others, for extension of time to appeal to this Court out of statutory time. The application was supported by the affidavit deponed by one MOHAMED A. KWANGAYA, the applicant. The respondent herein i opposed the application by filing counter affidavit affirmed by one RAJABU SAID MBETO. Parties complied with the order of the court by filing the submissions promptly. The matter was schedule for ruling on 27.07.2023, however, in the course of composing this ruling, I discovered that the application is for extension of time to appeal against execution proceedings. The court invited parties to address on whether execution orders are appealable. Mr Mfinanga conceded to the point and prayed the application to be struck out without cost. On his part Mr Mwalingo supported the point raised by court and prayed for costs. From the submissions made by both learned counsel, it is without doubts that they are at one that the application for extension of time to file appeal against the Execution Application No. 645 of 2021 is untenable as execution proceedings are unappealable. It should be noted that the position of the law, as of now is that, execution orders are not appealable. This has been regularly stated by this Court in various cases. In General Tire (JE.A) LTD vs Amenyisa Macha and Others, Civil Appeal No. 21 of 2003, (HC- Arusha) (Unreported) court held this to "No appeal lies from an execution order. Any person aggrieved by a decision on execution may challenge the 2 same by way of a revision in the court higher in the Judicial Hierarchy." In the final analysis, I find the application incompetent as it seeks for extension of time to appeal against an execution order which is unappealable. Consequently, I sustain the point raised by the court suo motomti proceed to strike out the entire application without costs. It is so ordered. DATED at DAR ES SALAAM this 27"'July 2023. ^5 \ c''1 \J "c '■ - - ^ MEMED\ JUDGE ’1 3