seifu kondo ngota vs kassim juma kizino 2020 tzhclandd 4001 11 december 2020

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC. LAND CASE APPEAL NO. 162 OF 2019 (From the decision o f the District Land and Housing Tribunal o f MKURANGA District at MKURANGA in Land Case Appeal No. 26 o f 2019) SEIFU KONDO NGOTA....... ......................................APPELLANT VERSUS KASSIM JJUMA KIZINO..... ...................................... RESPONDENT JUDGMENT ON APPEAL S.M. MAGHIMBL J: At the District Land and Housing Tribunal for Mkuranga, the appellant unsuccessfully lodged a Misc. Land Application No. 26/2019 seeking for extension of time to appeal against the decision of Kisegese Ward Tribunal dated 12/03/2018. The tribunal dismissed the application for lack of sufficient reasons for the delay hence this appeal on the following grounds: 1. That the Learned trial Chairperson erred in law and facts in holding that the Applicant herein did not advanced sufficient reason (s) to warrant the extension of time to file an Appeal out of time. 2. That the Learned trial Chairperson erred in law and facts for not taking into consideration the geographical, environmental and communication aspects of surrounding the Appellant herein. i 3. That the Learned trial chairperson erred in law and facts for not taking into consideration the whole facts and submission of the Learned Advocate to the Applicant submitted during hearing of the said Application. 4. That the Learned trial chairperson erred in law and facts for denying the Appellant herein his fundamental right to be heard by not granting the said extension of time without giving any justifiable reason(s) The appellant prayed that the appeal is allowed by quashing the proceedings and allow the appeal to be filed out of time. The appeal was disposed by way of written submissions and both parties filed their submissions accordingly. I have considered the parties submissions and upon going through the records of this appeal, I found that at the Tribunal, the appellant lodged a Misc. Land Application No. 88/2018 seeking for the extension of time and the said application was struck out on the 21/02/2019 and the copy thereto was certified on the 28/02/2019. The appellant subsequently lodged the Misc. Land Application No. 26/2019 22 days later, an application which is a subject of this appeal. On perusal of the ruling of the Tribunal, there is no place that the Chairperson considered the already filed previous application that was struck out. Her only finding was that the appellant had given different reasons for the delay and she dismissed the application. However, on my part, since the decision of the Ward Tribunal that an appeal to the Tribunal is sought for was pronounced on 12/03/2018 and the appellant had lodged the previous application for extension of time which was struck 2 out, it was only fair that the determination of the reasons for the delay started when the first application was filed. The Tribunal is silent on this aspect and since there is evidence that the appellant didn't sleep on his right as he lodged the application for extension of time in 2018, I find it only prudent that I allow this appeal by granting the appellant extension of time to lodge his intended appeal at the District Tribunal. For the aforesaid reasons therefore, this appeal is allowed and the decision of the tribunal refusing to grant extension of time to the appellant is set aside. Instead, time is hereby extended for the appellant to file his intended appeal at the District Tribunal against the decision of Kisegese Ward Tribunal dated 12/03/2018. The intended appeal shall be lodged at the tribunal within 30 days from the date of this ruling. Costs shall follow cause in the intended appeal. Appeal allowed Datg^at Dar es Salaam this 1l t^dlay of December, 2020 Ir-S V r I JUDGE