20180131 TZHC Dar es Salaam

IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM . MISC. CIVIL APPLICATION NO. 590 OF 2016 (Arising from the Ruling and Order of the High Court of Tanzania in Civil Case No. 101 of 2010 dated 24 th November, 2015, Hon. W. B. Korosso, J.) YASINTA CHRISPINUS KALOLI (A MINOR SUING THROUGH NEXT FRIEND ONE CHRISPINUS KALOLI) .......................................... APPLICANT VERSUS ·PERMANENT SECRETARY MINISTRY OF TOURISM & NATURAL RESOURCES . . . . . . . . . . . . ... . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 1 ST RESPONDENT ATTORNEY GENERAL ..................................................... 2ND RESPONDENT RULING Date of 31 st January, 2018 NGWALA, J. The learned State Attorney Ms. Rossana Mgeni, has concurred with the 1st limb of the submission by the learned counsel for the Applicant, Mr. Hassan Mwemba that, the dismissal Order by the Court dated 24 th November, 2015 was wrongly issued. It was submitted that the summons for the date of Hearing was served upon wrong party, the Legal and Human Rights Centre and not Tanganyika Law Society who was representing the Applicants in the suit. Miss. Rossana vehemently opposed the 2 nd limb of the submission that the dismissal order was obtained fraudulently. She submitted that it was not obtained fraudulently as it is the duty of the Court to effect 1 service of the summons upon the right party and to issue appropriate orders. As the applicant failed to prove that the respondent lied to the court, then the case of SAID SALIM BAKHARESA & CO. LTD v. VIP ENGINEERING MARKETING LTD [1996] TLR 309 cited to support the contention that "The fraud concealment and deception on the part of the respondent entail that the Judgment so obtained would not stand as the respondents misled the court to obtain the Judgment". The quoted case was inapplicable in the circumstances of this case. In view of the strength of the submission by Mr. Mwemba in the 1st limb of his arguments it is quite clear as conceded by Ms. Hossana Mgeni, State Attorney, that the dismissal order was issued wrongly. For this reason, the applicant's prayer to extend the time within which to file an application and to set aside the dismissal order dated 24 th November, 2015 is granted as prayed. The Applicant to file the Application within thirty (30) days from the date of this order. Each party to bear its costs. Order Accordingly. ~I A. F. NGWALA JUDGE 31/01/2018 2