Tanzil :
Hamisi Bushiri Pazi &; Others vs Saul Henry Amon &; Others (Misc. Land Application 794 of 2016) [2018] TZHCLandD 88 (13 April 2018); | Tanzlii
KESI HII IMEPITA KWINGI, HATIMAYE HAKI IMEPATIKANA
HISTORIA:
IN THE HIGH COURT OF TANZANIA
(LAND DIVISION)
AT DAR ES SALAAM
MISC LAND APPLICATION NO. 794 OF 2016
HAMISI BUSHIRI PAZI......................................... ^APPLICANT
HAMISI BUSHIRI PAZI (As the administrator of the estate of the
deceased NEEMA BUSHIRI PAZI)...........................2nd APPLICANT
HAMISI BUSHIRI PAZI (As the administrator of the estate of the
deceased MWAJUMA BUSHIRI PAZI)......................3rd APPLICANT
STUMAI BUSHIRI PAZI.........................................4™ APPLICANT
HATUJUANI BUSHIRI PAZI...................................5™ APPLICANT
VERSUS
SAUL HENRY AMON............................................1st RESPONDENT
S. H. AMON ENTERPRISES
COMPANY LIMITED............................................2nd RESPONDENT
MUSA HAMISI KAZUBA...................................... 3rd RESPONDENT
KASSIM ALLY OMARI (As the administrator of the estate of the
deceased TATU BUSHIRI PAZI)............................4™ RESPONDENT
THE ATTORNEY GENERAL..................................... THIRD PARTY
RULING
27/03/2018 & 13/04/2018
M. G. MZUNA, J
Hamisi Bushiri Pazi, in his personal capacity as well as the administrator of
the estate of the late Neema Bushiri Pazi and Mwajuma Bushiri Pazi has
instituted this application together with Stumai Bushiri Pazi and Hatujuani
Bushiri Pazi. The application is for extension of time within which to lodge a
notice of appeal in Land Case No. 185/2004.
The application is preferred under section 11(1) of the Appellate
Jurisdiction Act, Cap 141 RE 2002. It is against the four respondent namely
Paul Henry Amon, S. H. Amon Enterprises Company Limited, Musa Hamisi
Kazuba and Kassim Ally Omari (as the Administrator of the estate of the
deceased Tatu Bushiri Pazi). The Attorney General has been joined as the
3rd party.
The application is accompanied with the affidavit deponed by Mr. Hamisi
Bushiri Pazi. Reading from paragraphs 4, 5 and 6 of the said affidavit it
seems that the delay was caused by striking out a certificate of delay
because it did not cite the names of the parties to the case and never
mentioned the name of the 3rd party to the case.
The applicants prays for this court to grant their application because there
are serious questions of law worth the attention and adjudication of the
Court of Appeal.
The applicants are represented by Ms. Dorah Malaba, the learned counsel
while the 1st and 2nd respondents were represented by Mr. Kalolo, the
learned counsel. The 3rd and forth respondents were unrepresented.
Before hearing could commence, it came out that all the respondents
except the 3rd respondent who did not enter appearance, never objected
the application.
Reading from the filed affidavit, I find that there is some force or point to
ponder which merits the application. The delay was not caused by dilatory
conduct.
2
For the above stated reasons, time is hereby extended for 10 days period
so as to allow the applicant lodge the notice of appeal. The same to be
field on or before 23rd April 2018. This application is hereby granted with
no order for costs.
M. G. Mzuna
JUDGE
13/ 04/2018