registered trustees of khoja ithna asheri jamaats of africa vs registrar of titles others 2019 tzhc 248 8 november 2019

IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM LAND APPLICATION NO. 65 OF 2018 THE REGISTERED TRUSTEES OF THE FEDERATION OF THE KHOJA ITHNA ASHERI JAMAATS OF AFRICA............ APPLICANT VERSUS THE REGISTRAR OF TITLES.....................1st RESPONDENT THE HON. ATTORNEY GENERAL........... 2nd RESPONDENT THE NATIONAL HOUSING CORPORATION......... 3rd RESPONDENT Date of last Order: 11/10/2019 Date of Ruling: 08/11/2019 RULING MGONYA, J. Before me is an Application by Chamber summons brought under the provision of section 47 (1) of the Land Disputes Settlement Act Cap. 216 [R. E 2002]. The order sought herein is: a) This Honorable Court may be pleased to make an order that the Applicant be granted leave to appeal to the Court o f Appeal o f Tanzania against the whole o f the decision o f the High Court o f Tanzania dated 21st day o f August, 2018 Hon, Luvanda, J. in Misc. Land Appeal No. 1 o f 2012; b) Costs o f this Application be costs in the intended Appeal; and c) Any other order (s) that the Honorable Court may deem fit The same is accompanied by the Affidavit of the Applicant Masumbuko Roman Mahunga Lamwai respectively; The origin of this Application is the Judgment of Hon. Luvanda J. in Misc. Land Appeal No. 1 of 2012 delivered on 21st August 2018. Further the points for determination to the Court of Appeal of Tanzania from the said Judgment is said by the Applicant's Counsel to be seen in paragraph 9 (a) and (c) of the Affidavit in record. The Application was argued by way of written submission. Turning to the point of determination before this Court is when does the time begin to run against a dissatisfied person in matters relating to rectification of the Land Register under the Land Registration Act? And whether the decision on the objection on limitation in Misc. Land Appeal No. 1 of 2018 could be decided as a preliminary point. Mr. Pongolela for the Applicant invited this Honorable Court to find the paragraph 9 (a) and (c) to be relevant points to be determined by the Highest Court of the Land during the Appeal. On reply to the Application, Mr. Erick Mugisha learned State Attorney for the 1st and 2nd Respondent objected by firmly stating that the points by the Applicant do not qualify to be points of law to be appealed to the Court of Appeal and that the matter was time barred and from the order the matter was struck out hence the Applicant has room to lodge another fresh appeal before the Court seeking for his rights. Now having gone through paragraphs 9 (a) and (c) of the Applicant's Affidavit which tend to suggest points of law fit for determination by the Court of Appeal, I am only satisfied with the aforesaid points as mentioned above. The reason for the same is due to the fact that the said to amount to the points are inviting the Court of Appeal to ascertain and determine as to whether the decision by the High Court had properly been determined as to issues that had occurred. It is vested upon the Court of Appeal powers to ascertain as to whether the actions of the High Court had properly been dealt with to amount to the decision of the High Court. In the event therefore, I proceed to find that the points of law as stated under paragraph 9 (a) and (c) of the Affidavit are fit for determination by the Court of Appeal. In view of the above, this Court is hereby granting leave to the Applicant to appeal to the Court of Appeal in terms of the contents of paragraph 9 (a) and (c) of the Applicant's Affidavit. In the upshot, the leave is hereby granted. I make no order to costs. L. E. MGONYA JUDGE 08/11/2019 Court: Ruling delivered in chambers in the presence of Ms. Jackline Massawe, Advocate for the Applicant Ms. Emma RMA, this 08th day of November, 2019. L. E. MGONYA JUDGE 08/11/2019