THERESIA JOHN1

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE SUB-REGISTRY OF MANYARA) AT BABATI LAND REVISION NO. 7 OF 2023 (Originating from the decision of the District Land and Housing Tribunal for Babati in Misc. Land Application No. 22 of 2019) THERESIA JOHN (suing as an administratrix of the estate of the late JOSEPHINA JOSEPH........................................................... APPLICANT VERSUS SISILIA DAWIDO SULLE RESPONDENT Date of last order: 20/02/2024 Date of Ruling: 08/03/2024 RULING MAGOIGA, J. The applicant preferred the present application under sections 41(1) and 43(1) (a) and (b) (2) of the Land Disputes Courts Act [CAP 216 RE 2019], (hereinafter referred to as the LDCA), seeking for the following reliefs; 1. That, this honourable court be pleased to examine for the purposes o f satisfying the correctness, legality, regularity 1 propriety dnd revise the howi ruling and enunciating order extracted upon in miscellaneous application No. 22 o f 2019 in the District Land and Housing Tribunal for Babati at Babati before Hon. H. E Mwihava dated 16/11/2023 by quashing the proceedings, ruling and drawn order o f the trial tribunal. 2. Costs o f this application be borne by the respondent. 3. Any other relief this honourable court may deem necessary to serve the interest o fjustice. The application is being supported by an affidavit sworn by Theresia John. On the other hand, the respondent filed a counter affidavit to contest the grant of this application. A brief factual background underlying the instant matter as could be gathered from the record is necessary. The respondent filed Land Application No. 16 of 2015 before the District Land and Housing Tribunal for Babati at Babati (hereinafter referred to as the trial tribunal) against Seloto Village 2 Council, Dareda Water Supply Board and Theresia John. The respondent was claiming for several reliefs including declaration that she is the lawful owner of a piece of land measuring about 18 by 12 metres length and width respectively situated at Seloto Village (hereinafter referred to as the suit land). After hearing the parties, the trial Tribunal declared the respondent as lawful owner of the suit land while the Seloto Village Council and Dareda Water supply board were ordered to pay the respondent a sum of Tshs 2,500,000/= and Tshs 2,000,000/= as compensation for acquiring the respondent's land and general damages respectively. Later on, the record revealed that one Theresia John lodged Land Appeal No. 33 of 2019 before the High Court (Mzuna, J as he then was). After hearing the parties, the decision of the trial Tribunal was quashed and set aside and parties were restored to the position prior the institution of the matter before the trial Tribunal. For unknown reason the respondent lodged Misc. Land Application No. 22 of 2019 before the trial Tribunal seeking execution of the decision in Land Application No. 16 of 2015. The Trial tribunal entertained the application and the matter is said to be still pending for execution. Back to the instant application, the application was disposed of by way of written submission whereby the applicant was represented by Mr. Erick Erasmus Mbeya, learned advocate while the respondent appeared in person and unrepresented. I have carefully considered the submissions made by the parties, but I will not go to the merits of the said submissions for the reasons to be apparent shortly. In the affidavit in support of the application, the applicant faulted the trial Tribunal for proceeding with the execution while the proceedings and decision in Land Application No. 16 of 2015 were quashed in Land Appeal No. 33 of 2019. The applicant averred that she was never issued with summons despite at one point in time she was a party to the Land Application No. 16 of 2015. As stated before, parties in Land Application No. 16 of 2015 were the respondent as the applicant on one hand and Seloto Village Council, Dareda Water Supply Board and Theresia John as respondents on the other ik <=#\ 4 I hand. Going through the applicant's complaint in this application, she lacks locus standi to institute the instant application rather it ought to have been instituted by either Seloto Village Council, Dareda Water Supply Board or Theresia John. This application was filed by Theresia John in capacity as administratrix of the estates of the late Josephina Joseph. Hence, there was no such party in either Land Application No. 16 of 2015, Misc. Land Application No. 22 of 2019 as well as Land Appeal No. 33 of 2019. On paragraph 14 of the affidavit in support of the instant application, the applicant averred that after delivery of decision in Land Application No. 16 of 2015 she preferred Land Appeal No. 33 of 2019. But the record is clear, the one who lodged Land Appeal No. 33 of 2019 is not the present applicant rather it was lodged by Theresia John. It is without doubt that the applicant herein and one Theresia John are different persons. I am much aware that, a person who was not a party to a particular matter can challenge the same by way of revision but the circumstance in the instant application is different. The reason is that, the party who is challenging the 5 impugned decision does not do so as a third party/stranger. Therefore, since the instant application has been preferred by a wrong party, then the application is incompetent before the court. Another aspect which I found it necessary to address is that, as I have shown above the matter against which the revision is sought involved other parties who for unknown reasons have not been joined to the instant application. These are Seloto Village Council and Dareda Water Supply Board. They were parties in the matter before the trial Tribunal but they were not joined in the instant matter. Determination of the present application, therefore, cannot be effectively determined without their presence. Nevertheless, the court noted that respondent intends to execute the decision in Land Application No 16 of 2015 as against the decision of this Court in Land Appeal No. 33 of 2019 deciced by my learned brother Mzuna, J (as he then was). The learned trial chairman of the trial Tribunal is directed to take note of the decision in Land Appeal No 33 of 2019 decided on 01.10.2021 before embarking on execution and advise parties accordingly. In final analysis I find the application before me incompetent and same is 6 accordingly struck out. In the circumstance I will not make an order as costs. It is so ordered. 08/ 03/2024 7