mustafa seif ngane 2 others versus the registrar of tittles 2 others 2023 tzhclandd 16751 31 may 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC. LAND CASE APPLICATION NO. 176 OF 2023 MUSTAFA SEIF NGANE 1^ APPLICANT ABUSHEKHE SEIF NGANE 2*^^ APPLICANT HUSNAABDULRAHMAN HASSAN 3^ APPLICANT VERSUS THE REGISTRAR OF TITTLES 1^ RESPONDENT THE COMMISSIONER FOR LANDS 2*^^ RESPONDENT THE ATTORNEY GENERAL 3^ RESPONDENT RULING Date oflast Order:27/04/2023 Date ofRuling:31/05/2023 T. N. MWENEGOHA,J. This Application of enlargement of time was brought under a Certificate of Urgency by way of Chamber Summons,which has been preferred under Section 14 of The Law of Limitation Act, Cap 89 R. E. 2019, the applicants are moving this Court to grant an order for enlargement of time within which the applicants shall be able to serve the respondent and the Registrar of the High Court of Tanzania with the Notice to Appeal against the decision of the respondent as enshrined in the Notices of Rectification bearing reference numbers 22081228214, 22081228239, 22081228254 and 22081228260. The chamber summons is supported by an affidavit sworn by Mustafa Self Ngane,the 1st applicant, which expounds the grounds for the Application. The respondents filled their counter affidavit, and the parties filled the submission in chief, its reply and rejoinder thereof. The same was heard by way of written submissions. However, this Court suo motto raised two issues and order the parties to address on it, 1. The status of Mustafa Self Ngane suing on his own behalf/ name instead of administrator; 2. Absence of affidavit of the other applicants. The same was heard by way of written submissions. The applicant enjoyed the service of Denice Tumaini, leaned Advocate while the respondents were presented by Kauze K. Izina, learned State Attorney As for the first issue that the 1^ applicant submitted that he has sued on his own capacity, and his own name due to the facts that the Plots subjects of this Application are in his own name. The plots were transmitted from the ownership of the late Self Ngane to that of the 1^ applicant. That can be evidenced by the record in the registry of the 1^ respondent. Notices of Rectification issued by the 1®^ respondent were addressed to MUSTAFA SHIP NGANE (in his own name and not as the administrator of the estate of the late Self Ngane). Turning to the second issue, the applicant submitted that the Application is supported by a single affidavit of Mustafa Self Ngane since he has been authorized by the other applicants to affirm the said Affidavit on their behalf as indicated in Paragraph 2 of the said affidavit. The applicant cited the Court of Appeal case of Mohamed Abdillah Nur & Others Versus Hamad Masauni & Others, Civil Application No 436/16 of 2022 that, where there are more than one applicants and wishes to have single affidavit, they must give authorization to a single applicant and such authorization must be so stated in the said affidavit. Having going through the submission by the applicant, I am satisfied that, Mustafa Self Ngane was right to sue on his individual capacity because the Title Deed bears his own name which guarantee him the status of suing and be sued on his own However, on the 2"^ issue I am of the view that the other 2 applicants had to swear the affidavit authorising Mustafa Ngane to sue on their behalf, failure of which this Court is incapable of knowing whether the rest 2 applicants authorised Mustafa Seif Ngane to swear and state on their behalf. The statement given in paragraph 2 of the 1^ applicant's affidavit is not satisfactory to prove that the other applicants authorised the 1^ applicant to sue on their behalf. Refer to the case of Mohamed Abdillah Nur (supra) at page?- 8 " tve must quickly observe that, a person purporting to swear an affidavit on behalf of another person who Is a party to a court proceeding must do so after consultation with and obtaining Instructions from the party on whose behalfthe affidavit Is being sworn. We also hasten here to emphasize that, such Instructions and authorisation mustexpressly reflectedIn the relevant affidavit Other nothing must be presumed to the advantage ofa party who falls or neglects to file pleadings or affidavits which are of the essence ofthe matter before the court oflaw." For the aforesaid reasons, this Application is incompetent before me I hereby strike out the same with no order as to costs. It is so ordered. T.J4rMWEf«G0HA Of ^ JUDGE o c 31/05/2023 o X ■ i *