WISTACK HURBET SCANNED

IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC. LAND APPLICATION NO. 21458 OF 2024 (Originating From Application No. 136 of 2023, Temeke District Land and Housing Tribunal) WISTACK HURBET MWASAMIRA.......................................................... APPLICANT VERSUS FATUMA CHRISTOPHER MWITA................... RESPONDENT RULING 23rd to 30th September, 2024 E.B. LUVANDA, J The Applicant is seeking extension of time within which to appeal out of time against the above captioned matter which was decided at the Tribunal. In the affidavit in support, the Applicant grounded that the Tribunal delivered its ruling (sic, ex parte judgment) on 7/03/2024. On 26/03/2024 the Applicant filed Mise. Application No. 59/2024 seeking to set aside the ex parte judgment, which was withdrawn (with liberty to refile) on 9/04/2024 due to technicality. The Applicant ref-filed Mise. Application No. 70 of 2024 which was struck out on 23/07/2024 for reason that it was made out of time. On 30/07/2024 the Applicant requested to be served with ruing and orders in Mise. Application No. 59 and 70 of 2024, which were supplied to the Applicant on 7/08/2024. The i Applicant averred that is under beliefs that he has strong grounds of appeal against Application No. 136 of 2023. At the hearing, the Applicant asked this Court to adopt the contents of his affidavit. The Respondent neither filed counter affidavit nor entered appearance. On the strength of the facts grounded in the affidavit, I am satisfied that the Applicant has demonstrated good cause for the delay, which is technical delay in prosecuting Mise. Application No. 59 of 2024 from 26/03/2024 to 9/04/2024 when it was withdrawn with leave to re-file due to defects. And Mise. Application No. 70 of 2024 which was struck out on 23/07/2024 for being out of time. Thereafter on 30/07/2024 the Applicant requested to be served with ruing and orders in Mise. Application No. 59 and 70 of 2024, which were supplied to the Applicant on 7/08/2024. Considering a time from 7/03/2024 when the ex-parte judgment was delivered to 26/03/2024 when the first application to wit Mise. Application No. 59 of 2024 was filed which constitute a trip for the Applicant navigating with litigation up to 7/08/2024 when the Applicant was served with documentation. To my view, the Applicant is eligible to be accommodated under technical delay. 2 I therefore grant the Applicant an extension of fourteen days to lodge the intended appeal against Application No. 136 of 2023 on its merit. The fourteen days will count from the date hereof. The application is granted. No orderTor-costs. i luvAnda /DGE 30j 09/2024 \ 1 Ruling delivered in the presence ( jf the Applicant, in the absence of the Respondent. EB- -UVANDA UDGE .trap/*/ so,'09/2024 \ 3