saad sadiki versus maulid ngaiwa juma 3 others 2023 tzhclandd 16620 30 june 2023

IN THE HIGH COURT OF UNITED REPUBLIC OF TANZANIA (LAND DIVISION) DAR ES SALAAM MISC. LAND CASE APPLICATION NO. 267 OF 2023 (Arising from Reference No. 31 of2022) SAAD SADIKI APPLICANT VERSUS MAULID NGAIWA JUMA RESPONDENT EFC TANZANIA MICROFINANCE BANK LIMITED RESPONDENT MLINDA JOHN S""RESPONDENT MAJEMBE AUCTION MART LIMITED 4™ RESPONDENT RULING Date ofLast Order: 26.06.2023 Date ofRuling: 30.06.2023 T.N. MWENEGOHA,J The applicant sought for a leave to appeal to the Court of Appeal of Tanzania, against the Ruling and Order, vide Reference No. 31 of 2022.The Application was made under section 5(l)(c)and 5(2)(a)(ii) of the Appeiiate Jurisdiction Act, Cap 141, R.E 141 2019. It was accompanied by the affidavit of the applicant himself, Saad Sadick. The same was heard orally. Submitting in favour of the Application, Advocate Erick Simon for the applicant cited the case of Agnes Bugigo versus Chiku Moshi Change, Misc. Land App 236 of 2021 where the Court pointed out the reasons to be determined for leave, which are that; the applicant must have the party has right to appeal or the decision should be appealabie. He insisted that, ail these conditions were met by the applicant, hence his Application shouid be aiiowed as stated in NIC Bank Tz Ltd vs Patrick Edward Moshi & Another, Misc. Comm App No. 227 of 2015 In repiy Mr. Ismaii Amin Mmari for the respondent was of the view that, there is nothing warranting the intervention of the Court of Appeai. That, the High Court in its decision has finalized the matter, hence no need of going to the Court of Appeai. That, as stated in NIC Bank vs Patrick Edward Moshi & Another, the advocate for the applicant has not elaborated before this Court as to which are or what matter is really contradictory so that the Court of Appeai should meet to determine them. In rejoinder, Mr. Erick Simon reiterated his submission in chief. . Having gone through the submissions of parties, the, issue for determination is whether the Application has merits or not. In an Application for leave, the Court considers mostly the right of the applicant to challenge the impugned decision and the constitutional, right to;be heard on another forum for his.cpurse to be re-iooked. That forum,is po other than the Court of Appeai of Tanzania for this Case. In this Application, the applicant has the right to challenge the impugned decision by way of appeai as the orders given therein are appealable. He deserved a leave to reach the Court of Appeai of Tanzania. This Court cannot step into his way to block his endeavors without any justifiable reasons HIT Infraco Limited versus Juliano Charles Mikpngpmj (Administrator of the Estate of the late Charles Mikpngpmi),& 2 Others, Misc. Civil Application No. 24 of 2020, Court of Appeal of Tanzania (unreported). 1 . »*i 1 In the end, the application is allowed with no order as to costs. OF T o c -5: T. N^WENEGOHA O JUDGE S o <r 30/06/2023 tANO