IN THE HIGH COURT OF TANZANIA

(DODOMA DISTRICT REGISTRY)

AT DODOMA

MISC. LAND APPLICATION NO. 39 OF 2019

(Arising from Misc. Land Application No. 72 of 2017 and Land Appeal No.
31 of 2018 both of the High Court of Tanzania at Dodoma Original Misc.
Land Application No. 2 of 2016, Misc. Land Application No. 97 of 2016 Misc.
Land Application No. 51 of 2014 original Land Application No. 92 of 2009
all in the District Land and Housing Tribunal for Dodoma at Dodoma)

IMELDA LAURENT...................................................... APPLICANT

VERSUS

1. HASHIM JUMA IDEBE

2. PATRICE MUSHI ................................. RESPONDENTS
24/11/2020 & 16/12/2020
RULING

MASAJU, J.
The Applicant, Imelda Laurent, vide the Chamber Summons
Application made under section 14 (1) of the Law of Limitation Act, [Cap
89] seeks the extension of time to file Application for Revision. Her
Application is supported by Affidavit sworn by Kuwayawaya S. Kuwaywaya,

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her learned counsel. The said Affidavit gives the background and the
reasons for the Application in paragraphs 1-8 thereof.

The Respondents, Hashim Juma Idebe and Patrice Mushi contest the
Application, and there is a Counter Affidavit sworn by their learned counsel,
Zakayo Ezekiel Njulumi to that effect. In the said Counter Affidavit, the
Respondent have partially denied the Applicant's averment in paragraph 3
of the Affidavit but take note of the Applicants' averments in paragraphs 1,
2, 4, 5 and 6 of the Affidavit, The Respondents further deny the
Applicant's averments in the 7th and 8th paragraphs of the Affidavit putting
her to strict proof thereof. The Respondents however, have not stated
their evidential facts in lieu thereof.

When the Application was heard in the Court on the 24th day of
November, 2020, the learned counsel, Kuwayawaya S. Kuwayawaya,
appeared for the Applicant whilst the learned counsel Ms. Joanita Paul
appeared for the Respondents. ;

The parties adopted their pleadings in the Affidavit and counter

affidavit respectively to form part of their submissions in support of, and
against the Application accordingly. Whilst the Applicant prayed the Court
to grant the Application, the Respondents on their part prayed the Court to
dismiss the Application with costs. The Respondents further cited Ngao
Godwin Losero V. Julius Mwarabu (CAT) Civil Application No. 10 of

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2015 Arusha Registry, (Unreported) to buttress their position against
the Application. That is all by the parties.

There is no dispute that the Applicant's delay in filing the Application

in time was attributed to her being engaged in pursuing other legal
remedies in the trial tribunal and the Court respectively as so righty
averred in paragraphs 2 - 6 of the Affidavit, which averments have not
been controverted by the Respondents. That being the case, the
Applicants stands to benefit from the guidance provided for in section 21 of
the law of Limitation Act, [Cap 89] accordingly. The said reason constitute
reasonable or sufficient cause for granting the application under section 14
(1) of the Law of Limitation Act, [Cap 89].

That said, the meritorious Application is hereby granted accordingly.

The intended Application, if any, shall be filed in the Court within thirty
(30) days of the Ruling. The parties shall bear their own costs accordingly.