misc

IN THE HIGH COURT OF TANZANIA (LAND DIVISION)

AT PAR ES SALAAM MISC. LAND APPLICATION NO. 22070 OF 2024 (Arising From Wise. Application No. 573 of 2023, Kinondoni District Land and Housing Tribunal) PLACID JOSEPH................................ APPLICANT

VERSUS MWANGA HAKIKA MICROFINANCE BANK......................... RESPONDENT

RULING 15/10/2024 to 22/11/2024 E.B. LUVANDA, J The Applicant is seeking extension of time to enable her file an application for revision against the above captioned matter. In the affidavit in support of the application, the Applicant stated that she was the Applicant in Misc. Application No. 693 of 2019 at the Tribunal. That she travelled abroad before filing the above application, where she was compelled to denote power of attorney to Augusta J. Bisetsa to represent her in the said suit (sic, application). That after fulfilling the above procedure, the donee become sick for three weeks, thus were found time barred. In the counter affidavit, the Respondent stated that Application No. 471 of 2019 was dismissed for want of prosecution on 18/03/2021. That a medical report is i missing for showing that she was sick. That the said application was dismissed on 24/06/2024, the Applicant failed to account each day of delay from 24/06/2024 to the date of filing, which is a period of three months. In the submission in chief, the Applicant adopted contents of the affidavit in support of the application. In reply, Mr. Stephen Mayombo learned Counsel for Respondent reiterated his argument that the Applicant has not account for each day delay and advance any valid reasons to warrant this court to grant extension of time. He submitted that the Applicant in her affidavit has said that she

traveled outside the country, however no any proof (i.e passport) has be attached in her affidavit to substantiate the same. He cited Lyamuya Construction Company Ltd vs Board Of Registered Trustee Of Young Women's Christian Association Of Tanzania, Civil Application No. 2 of 2010, CAT. On rejoinder, the Applicant stated that the ground for extension of time is that the representative of the Applicant was sick, as per the attached medical report. Going by the contents of the affidavit in support of the application, the Applicant failed to demonstrated both reasons for delay and ground for extending time for filing revision, as it was enunciated in the case of Republic vs Yona Kaponda and Nine Others [1985] T.L.R. 84, the apex Court held, 2 'In deciding whether or not to allow an application to appeal out of time, the court has to consider whether or not there is "sufficient reasons"not only for the delay, but also "sufficient reasons" for extending the time during which to entertain the appeal' In the affidavit, the deponent one Placid Joseph allege that she was abroad, but she was unable to tell as to when she travelled, neither attached air ticket or pass port showing that she exited borders of Tanzania and entered into a foreign land. In the affidavit, the deponent alleges to have donated power of attorney to August J. Bisetsa, but the said power of attorney was not

made available. Again, she alleged that the donee fell sick, but was not elaborate as to when, where she fall sick, let alone the disease diagnosed. Above all, no medical report was attached for court appraisal. Even the affidavit for the alleged donee is missing. I therefore go along the argument of the Respondent that the Applicant failed to account for the delay from 24/06/2024 when the application was dismissed to 5/09/2024 when this application was filed, being a period of more than three months. Ruling delivered in the presence of Applicant and Me. Cleophance James learned 4