victoria rweikiza vs alex msama mwita 2 others 2022 tzhclandd 12694 5 december 2022

IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC. LAND APPLICATION NO. 651 OF2022 (Originating from Land Revision No. 8 of 2022) VICTORIA RWEIKIZA............... ........................................ APPLICANT VERSUS ALEX MSAMA MWITA.............................................. 1st RESPONDENT BENEDICTO R. IJUMBA.......................................... 2nd RESPONDENT NOELA O. ISHEBABI......................................... . 3rd RESPONDENT RULING Date of last Order: 05.12.2022 Date of Ruling: 05.12.2022 A.Z.MGEYEKWA, J This application is brought under section 47 (2) of the Land Disputes Courts Act, Cap. 216. The applicant seeks leave to appeal to the Court of Appeal of Tanzania to impugn the decision of this Court in Land Revision i No. 8 of 2022 delivered on 19th September, 2022. The application is supported by an affidavit deponed by Audax Kahendaguza Vedasto, the applicant’s counsel. The 1st and 3rd respondents did not object the application. When the matter was called for hearing on 5th December, 2022 the applicant had the legal service of Mr. John Bosco, counsel, the 3rd respondent enlisted the legal service of Mr. Obedi Masambala who was also holding brief for Mr. Rajabu Mlindiko, respondent. The application proceeded exparte against the 2nd respondent upon proof of service through substitution published in Mwananchi Newspaper on 9th November, 2022. Mr. Obedi, counsel for the 3rd respondent was the first one to submit. He stated that the 1st and 3rd respondents have conceded to the application. Mr. Bosco had not much to say rather he prayed for this court to grant his application without costs. Having heard the submission of the applicant and taking to account that the 1st and 3rd respondents' counsel has conceded to the prayers sought. 2 Therefore, this court has no any reasons for not granting this application as prayed. In the upshot, leave is granted to the applicant to file an appeal before the Court of Appeal. Costs to be in the cause. Order accordingly. Ruling delivered on 5th December, 2022 in the presence of the applicant and Ms. Shamim Kikoti, counsel for the respondents A.Z.MGE' KWA JUDGE 05.12.2022 3