SAIDI MASOUDY

THE JUDICIARY OF TANZANIA IN THE HIGH COURT OF UNITED REPUBLIC OF TANZANIA AT KIGOMA LAND CASE NO. 42 OF 2023 SAIDI MASOUDY ALLY .............................. COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS KIGOMA/UJIJI MUNICIPAL COUNCIL & 2 OTHERS .............................. RESPONDENT / DEFENDANT RULING NKWABI, J, 24 & 24/03/2025 This is a land case where the plaintiff is suing the defendants for trespass and /or ownership on a piece of land described as Plot No. 205 Bock LD Located at Kibirizi which is owned by the plaintiff vide a letter of offer with Reference No. KUTC/LD/65178HKK dated 21/08/2004. The land in dispute is within Kigoma/Ujiji Municipality. In this land case the plaintiff is suing the defendants in an attempt to get the reliefs I emulate: 1. A declaratory order that the plaintiff is a lawful owner of the land in dispute. 2. General damages to the tune of T.shs 4,035,000/= or any sum to be commensurably assessed by this Honourable Court. 3. Costs of this suit. When the matter was called on for hearing today, I called upon the counsel for both parties to address me as to the propriety (competence) of the suit because in the Case Management System the parties read thus: Saidi Masoud Ally .......... Plaintiff Versus Page. 1 Kigoma/Ujiji Municipal Council & 2 Others .... Defendants Mr. Aliki was quick to pray to withdraw the suit with leave to refile. With no order as to costs. Mr. Kalenda, learned Senior State Attorney for the defendants had no objection. Indeed, when I was calling on the counsel for both parties to address me on the competence of the land case, I had in my mind the stance of the law as enunciated in the case of Juma Marumbo & 42 Others v. Regional Commissioner Dar-es-Salaam & 2 Others, Civil Application No. 242 of 2016 where it was stated that: “There is no gain saying therefore that as the application stands, apart from Juma Marumbo, the other applicants have not been disclosed out of the 65 persons listed in the Annexture. It is therefore not certain who the other 42 applicants are. The effect of an omission to disclose all applicants in an application is to render it incompetent.” In Bernad Masaga, Merchant K. Ikunguru & Others v. National Agricultural & Food Corporation & 2 Others, Civil Application No. 177 of 2006, it was ruled that: “As it is, no information was forthcoming to show who those others are, and whether there was leave granted to Ikungura to represent them. In the light of the failure to disclose who those others are, it will be fair to say that, strictly speaking, there is no proper application before the Court in terms of Rule 46 (1) [now Rule 48 (1) of the Rules.” Likewise in Attorney General v. Osterbay Villas Limited & Another, Civil Application No. 168/16 of 2017 CAT (unreported) it was stated that: “To recap, we are on the firm view that any person, including the Attorney General, who was not a party to the court proceedings which adversely affected his interests and therefore could not have appealed against it, revision is the only remedy through which he can challenge that decision. The course of action adopted by the applicant in the present application is therefore legally apposite.” As to the way forward, I emulate what was done in Humphrey Mosha v. Adul Majid Yahaya, Civil Appeal No. 534 of 2021, CAT (unreported) dated 03/03/2025 where it was decided that: “...Thus, if any of the parties so desire, may institute a fresh suit joining Msolwa Village Council in accordance with the law and without being subjected to the requirement of (30) days to sue the Msolwa Village Council not later than six (six) months from the date of this Ruling. Since the issue under consideration was raised by the Court suo motu, we make no order as to costs.” Page. 2 In the premises, I allow the plaintiff to withdraw the land case with leave to refile a competent land case but subject to the law of limitation. As the withdrawal of the land case has been predicated on a point raised by the Court suo motu, I make no order as to costs. It is so ordered. Dated at KIGOMA this 24th of March 2025 . J. NKWABI JUDGE OF THE HIGH COURT Page. 3