mugaya masubo masyaga vs sophia h mmary 2022 tzhclandd 12628 25 november 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC. LAND CASE APPLICATION N0.527 OF 2022 {Originating from LandAppeaiNo.378 of2027) MUGAYA MASUBO MASYAGA APPLICANT VERSUS SOPHIA H MMARY RESPONDENT RULING Date ofLast Order: 16.11.2022 Date ofRuling: 25.11.2022 T. MWENEGOHA ,J This application was brought under section 11 (1) of the Appellate Jurisdiction Act, Cap 141, R.E 2019. The applicant sought for the following orders;- 1. To lodge notice of intention to appeal to the Court of Appeal. 2. To lodge an application for leave to appeal to the Court of Appeal of Tanzania out of Time. 3. To enable the applicant to serve a letter requesting for certified records. 4. Costs of the application. 5. Any other order/relief this court will deem fit to grant. The application was ordered to proceed by way of written submissions in the following schedule. The applicant was supposed to file her written submissions on the 26^^ October, 2022, followed by a reply from the respondent on the 9^*^ November, 2022 and a rejoinder if any from the applicant on the 16^ November, 2022. On the 16^^ of November, 2022, when the case was scheduled for mention, the respondent Informed this court that, he was informed by his advocate that, the applicant did not file his submissions in chief. The respondent's claim was not disputed by the applicant, indeed there are no submissions from the applicant in support of his application in the case file. That leaves this court with no choice other than believing that the applicant has lost interest in prosecuting his case. As his actions are tantamount to not appearing on the hearing date. This has been emphasized before in the Court, including in the case of Famari Investment (T) Ltd vs. Abdallah Selemani Komba, Civil Application No. 41/2018, where Mongela J, had this to say, "/ in fact agree with Mr. Chopa's submission that faiiure to fiie Written submission on the dates scheduled by the Court is as good as non- appearing on the date fixed for hearing... Moreover, in the case of Harold Maleko vs Henry Mwasanjala, DC Civil appeal No. 16/2000 (HC- MBEYA.' Unreported) where Makanja J, emphasized that, "/ hoid therefore that faiiure to die Written submission inside the time prescribed by the court was inexcusable and amounted to failure to prosecute the appeal... -1"i Therefore, this case is hereby dismissed for want of prosecution, with costs. N. MWENEGOHA JUDGE coo 25/11/2022 OX'. -AY. * 5 fsj c- /