REGISTRAR OF TITTLES SCANNED

IN THE HIGH COURT OF TANZANIA (LAND DIVISION)

AT DAR ES SALAAM MISC. LAND APPLICATION NO. 22217 OF 2024 (Arising From Mise. Land Application No. 26317 of 2023 & 11405 of 2024, Land Division) MADANIO IBRAHAM SAIDI.................................................................. APPLICANT

VERSUS REGISTRAR OF TITLES................................................................ 1st RESPONDENT

ASSISTANT COMMISSIONER FOR LANDS DAR ES SALAAM ZONE................................................................. 2Nt> RESPONDENT THE HONORABLE ATTORNEY GENERAL........................................ 3rd RESPONDENT

RULING 22nd to 29th November, 2024 E.B. LUVANDA, J The Applicant is seeking extension of time to enable him apply for review of the decision of this Court in the above captioned matter. In the affidavit in support of the application, the Applicant pleaded technical delay in prosecuting Mise. Land Application No. 11405 of 2024 which was lodged on 17/05/2024, following the extension granted by this Court on 30/04/2024 vide Mise. Land Application No. 26317 of 2023 (which its ruling is subject for the intended review). i In the counter affidavit, sworn by Ms. Mariam A. Matovolwa learned State Attorney, stated that the Applicant failed to account for each day of delay from 30/04/2024 to 27/08/2024 when the Applicant filed this application. In the submission in chief, Mr. Mashaka Ngole learned Counsel for the Applicant adopted contents of the affidavit in support of the application. Ms. Mariam A. Matovolwa learned State Attorney for Respondents did not file a reply submission. Arguably on 30/04/2024 the Applicant was granted fourteen days to file the intended review, which order was made in Mise. Land Application No. 26317 of 2023. On 17/05/2024 the Applicant filed Mise. Land Application No. 11405 of 2024, which was determined on 16/08/2024 on account of being res-judicata. Twenty-two days later, to wit on 6/09/2024 the Applicant filed this application. To my view, this amount to

technical delay, where the Applicant was busy fighting for recourse in pursuit of her right to a wrong forum, to wit Mise. Land Application No. 11405 of 2024 which was wrongly filed with its eventuality of being ruled res-judicata. Therefore, the delay is not inordinate one. The Applicant is granted fourteen days to file the intended review, which will count from the date hereof. 2 The application is granted. No order as to costs. Ruling delivered in the Respondents. 3