Shukran 2222

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA TABORA SUB-REGISTRY AT TABORA MISC. LAND APPLICATION No. 32 OF 2023 (Arising from Misc. Land Application No. 55 of2021 in the High Court of Tanzania at Tabora, Misc. Land Application No. 25 of2020, Misc. Land Application No. 21 of 2017, Land Case Appeal No. 115 of 2016, Land Appeal No. 58 of 2015, Land Case No. 27 of 2014, Land Appeal No. 38 of 2013, and Land Case No. 14 of 2011) SHUKRANI ABEID (Administratrix of Estate of the Late Mwayaona Hussein)...................... APPLICANT VERSUS BASHIRU IDD............................................................................. RESPONDENT RULING Date of Last order: 18/04/2024 Date of Delivery: 30/04/2024 KADILU, J. The applicant, Shukrani Abeid as an administratrix of the estate of the late Mwayaona Hussein, applies for an extension of time within which to file a notice of appeal for the second time to the Court of Appeal against the ruling of this Court. The applicant lodged Misc. Land Application No. 55 of 2021 before the High Court seeking for extension of time within which to file a notice to appeal to the Court of Appeal out of time which was heard by Hon. Amour S. Khamis, Judge, and allowed the applicant to lodge the said notice within 30 days. Despite being granted, a copy of the ruling was delivered to the applicant lately, about four months after delivery. It was on 11th June 2023 and by that day, the time to file notice had already expired. The applicant filed this application under Section 11 (1) of the Appellate Jurisdiction Act, [Cap 141 R.E. 2019] by way of chamber summons, i supported by an affidavit affirmed by Shukrani Abeid, the applicant. The records show that the respondent instituted Land Dispute No. 27 of 2014 before Mungonya Ward Tribunal against the applicant. The tribunal delivered its decision in favour of the respondent, who was declared a lawful owner of the disputed parcel of land. Dissatisfied with the ward Tribunal's decision, the applicant unsuccessfully appeared to the DLHT for Kigoma for a declaration that the disputed parcel of land belonged to the late Mwayaona Hussein. Aggrieved with the decision, the applicant approached this Court vide Misc. Land Application No. 25 of 2020. In that application, the court dismissed the application for an extension of time for leave to file a notice of appeal to the Court of Appeal against the judgment of this Court (Rumanyika, J., as he then was) in Misc. Land Case No. 21 of 2017. Upset again with the findings of this Court, the applicant applied for an extension of time to lodge an appeal which was heard by Hon. Amour S. Khamis, J., as he then was) in Misc. Land Application No. 55 of 2021, and allowed the applicant to lodge the said notice within 30 days. Despite being granted, a copy of the ruling was issued to the applicant about four months later, when its time to file the notice of intention to appeal had already expired. Before me, the application was heard exparte against the respondent. The applicant was represented by Mr. L.M Ndanga, a learned advocate, while the respondent was absent without notice. Mr. Ndaga submitted that the respondent has been absconding several times. The 2 learned advocate submitted that since the respondent got a summons but was absent, the matter was supposed to proceed exparte against him. The prayer by Mr. Ndanga was granted and the court ordered the hearing of the application to proceed exparte against the respondent. Mr. Ndaga accounted for the delay in filing an appeal that, the first application was granted by this court on 17/02/2023. However, a copy of the ruling was given to them on 11/06/2023. They had been following up on the matter orally because by that time they had no written document. He argued that the delay was beyond their control and the applicant was not blameworthy hence, he prayed the application to be granted. The application was opposed through an affidavit sworn by Mr. Method Raymond Gabriel, allegedly an advocate for the respondent. He stated that the ruling that granted the applicant time to lodge the notice of appeal was delivered on 17/02/2023 in the presence of the advocate for the applicant. Mr. Raymond added that in the circumstances, Mr. Ndanga could lodge the notice of appeal within the prescribed time. He added that the applicant alleges an illegality in the 11th paragraph of the affidavit but the same is misconceived. The learned Counsel prayed the application to be withheld. Now the question for determination by this court is whether the application is meritorious or not. On the face of it, the reasons advanced by the advocate for the applicant appear sufficient. As such, I see no reason to deny the applicant an extension of time within which to lodge the notice of appeal. Accordingly, the applicant is granted the extension 3 of time to file the intended notice appeal within thirty (30) days from the date of this ruling. I make no order as to the costs. It is so ordered. DILU, MJ. JUDGE 30/04/2024. The ruling delivered in chamber on the 30th Day of April, 2024 in the presence of Mr. Lucas Ndanga, Advocate for the applicant. 4