mohamed ally uledi administrator of the estate of the late mohamed issa badula vs issa uladi another 2018 tzhclandd 556 14 august 2018

IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT PAR ES SALAAM LAND APPEAL NO. 67 OF 2017 (From the Decision of the District Land and Housing Tribunal of TEMEKE District at TEMEKE District at TEMEKE in Land Case/Application No. 59of 2010) MOHAMED ALLY ULEDI ( Administrator of the Estate of the late MOHAMED ISSA BADULA)......................................................APPLICANT VERSUS ISSA ULADI.......................................................................1st RESPONDENT ABBAS GODA................................................................ 2 nd RESPONDENT JUDGMENT Date of Last Order: 1/8/2018 Date of Ruling 14/9/2018 A. Mohamed. J: Aggrieved by the judgment and decree of the District Land and Housing Tribunal for Temeke in Land Application No. 59 of 2010, the appellant has lodged this appeal with the following grounds of appeal: 1. That the trial tribunal Chairman erred in holding that the appellant produced a copy of the ruling with the view that this tribunal can take judicial notice and decide in his favour. 2. That the trial tribunal Chairman erred in holding the suit house is not the property of the late Mohamed Issa Badula. i 3. That the trial tribunal Chairman erred in holding that in 2002, the late Mohamed Issa Badula gave Rukia Selemani Namputa the suit house as a gift. 4. That the trial tribunal Chairman erred in disregarding the contents of Exhibit P I. 5. That the trial tribunal Chairman erred in failing to properly analyze the evidence before him. When the appeal was called on for hearing, the appellant was unrepresented and appeared in person whilst Mr. Mkali, learned counsel, appeared for the respondents. Mr. Mkali pointed out that on 20/2/2018, this Court (Wambura, J) ordered the appeal to be disposed of by way of written submissions. The appellant was to file his on or by 8/3/2018 and a reply by the respondent by 30/4/2018. Any rejoinder was to be filed by 9/4/2018. The matter was fixed for mention on 12/4/2018. The counsel averred the appellant filed his submission on 6/4/2018 some 29 days after the ordered date according to this Courts scheduling order. Mr. Mkali submitted the appellant did not pray for extension of time to file his submission. In these circumstances, he urged this Court to dismiss the appeal as he argued failure to file a submission in time is akin to failing to appear on a hearing date. In reply, the appellant asserted he went for drafting assistance at the Dar es Salam Regional Commissioner’s office where an appointment for legal assistance was fixed for 3/4/2018. After the document was drafted on that date, he filed it in Court on 6/4/2018. In rejoinder, Mr. Mkali argued the document was signed by the appellant on 8/3/2018 and therefore his averment of getting it on 3/4/2018 is untrue. He reiterated the document was filed out of time and therefore the appeal ought to be dismissed. After hearing the parties and upon examining the record, I will consider whether the appellant failed to file his submission in time. The record reveals the appellant filed his submission on 6/4/2018 whereas was scheduled to file it by 8/3/2018. He therefore filed his document after 29 days from the filing date as ordered by this Court on 20/2/2018. And as correctly pointed out by Mr. Mkali, the appellant did not pray to this Court for extension of time to file the document. In addition, the document was signed by the appellant on 8/3/2018. And therefore, his appellant averment on the appointment with counsel from the Regional Commissioner’s office on 3/4/2018 is apparently incorrect. 3 The position in regard to failure by a party to file submissions in time is well settled. Mackanja, J, in the unreported case of Harold Maleko v. Mwasanjala, Civil Appeal No. 16 of 2000, at Dsm, stated that; “Failure to file written submissions inside of the time prescribed by the court order was inexcusable and amounted to failure to prosecute the appear See also: Hidaya Zuberi v Bongwe Mbwana, PC Civil Appeal No 98 of 2003, Dsm, (unreported), and Tanzania Electric Supply Company Ltd Vs Abubakar Adam, Civil Appeal No. 46 of 2008, (Unreported). After the foregoing, I am satisfied the appellant filed his submission out of time without any Court order extending time for him to file the same. For the above reason, I dismiss the appeal with costs. It is so ordered. A. Mohamed, JUDGE, 14/ 9/2018 The right of appeal to the Court of Appeal explained. A. Mohamed, JUDGE, 14/ 9/2018 4