20120726 TZHC Dar es Salaam

, -----------~----------------~-- IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM LAND CASE N-O. 143 OF 2005 SHABIR TAYABALI ESAJEE ...... ............... .................. PLAINTIFF VERSUS ) SEIFUDIN TAYABALI ESAJEE ................................. DEFENDANT RULING B.R. MUTUNGI, J. I have decided to make this ruing upon there being ·some confusion as to the status of the case. When the ) matter came before me on 26/3/2012, lshengoma advocate representing the defendant prayed that as he was new to the case just 'instructed by the defendant needed time to go through the file in order to pray for appropriate orders. The matter was fixed for mention on L.6/7/2012 and upon the parties not making appearance I decided to peruse through the file and I have made the following observation. 1 It is on record that the main suit was -filed on 12/7/2005 and assigned to Rugazia, J. On 19/4/2007 the suit was dismissed by Rugazia, J for being time b<;:1rred. What followed was the applicant/plaintiff filing an application for injunctive orders the preserve to status quo pending the determination of the_ intended appeal before the court of appeal as against the ruling by Rugazia, J. On 15/5/2007 Rugazia, J. granted an order for maintenance of status quo. pending the determination of the filed application for· injunctive orders. On 22/5/2007 the respondent/defendant field a preliminary objection as against the filed application and the same was struck out by Rugazia, J on grounds that the learned counsel who raised the preliminary objection defaulted to file submissions with no reason assigned. The application itself was dismissed on l /12/2009 by Chinguwile, J. for want of prosecution in absence of both parties. After the dismissal the Judge mode an order as follows:- ORDER: - Mention on 18/2/2009 notify the parties. 2 It is upon this order that the parties particularly the defendant through his legal counsel has been making appearances praying for time to settle the matter out of court. Taking the sequence of events as elaborated above there is nothing for the case to proceed on not· even the prayer for settlement out of court as the suit has long been dismissed. In the event I find that I have nothing to dwell on or to determine as the main suit stands dismissed and all the subsequent applications either struck out or dismissed. B.R. MUTUNGI JUDGE 26/7/2012 \ 3