Halidi Yasini Liki & Others vs Francis Magesa Masami & Others (Civil Application No. 1278 of 2025) [2026] TZCA 230 (4 March 2026)

IN THE COURT OF APPEAL OF TANZANIA AT PAR ES SALAAM CIVIL APPLICATION NO. 1278 OF 2025 HALIDI YASINI L IK I........................................................................1 st APPLICANT THOMAS MWITA CHABW AS...........................................................2 nd APPLICANT NEEMA JULIUS MARINYA .............................................................. 3 rd APPLICANT BARAKA EDMUNDO MARINYA ....................................................... 4™ APPLICANT ABASI ABDI SABUNI.......................................................................5 th APPLICANT WILLIAM PASCAL KAPELA............................................................. 6 th APPLICANT GEOFREY DAVID K EJO ....................................................................7 th APPLICANT HASSAN NASSORO MNDEME......................................................... 8™ APPLICANT VERSUS FRANCIS MAGESA MASAMI........................................................ 1 st RESPONDENT HASSAN ATHUMAN M TILA......................................................... 2 nd RESPONDENT BEN L. MWAIJANDE....................................................................3 rd RESPONDENT THE REGISTERED TRUSTEES OF CONGREGATION OF THE HOLLY G H O ST................................................................4 th RESPONDENT BAKI CRUSHER STONE AND CONSTRUCTION CO. LTD .......... 5 th RESPONDENT MARIAM FEISAL..........................................................................6™ RESPONDENT FREDRICK KARIA........................................................................7 th RESPONDENT LEONARD M PANJU ..................................................................... 8 th RESPONDENT INNOCENT M JEM A......................................................................9™ RESPONDENT KAFUI SENGOKA....................................................................... 10 th RESPONDENT MARIUS MPANJU...................................................................... 11™ RESPONDENT RANGER KANANI...................................................................... 12 th RESPONDENT CHARLES IREG E........................................................................13™ RESPONDENT GERLD Z. P. TIN A LI.................................................................. 14™ RESPONDENT JANE M. NGANDAKU.................................................................15™ RESPONDENT MASUDI SALUM ........................................................................ 16™ RESPONDENT SEUSHI JUMA M BURI.............................................................. 17™ RESPONDENT DOTTO MADUHU NKONYA.......................................................18™ RESPONDENT HOSSEN MOHAMED..................................................................19™ RESPONDENT RASHID A. LIGONA.................................................................. 20™ RESPONDENT REHEMA BWASH E E ...................................................................21 st RESPONDENT HATIBU MRISHO......................................................................22 nd RESPONDENT MWANAIDI O M ARI..................................................................23 rd RESPONDENT RASHID MOHAMED................................................................... 24H RESPONDENT l

LUMUMBA ATHUMANI LUMUMBA........................................... 25™ RESPONDENT REHEMA SALUM UBAMANDE................................................... 26™ RESPONDENT ZAHARANI MSHINDO JU M A .................................................... 27™ RESPONDENT JAFFERIDD MSANGI............................................................ 28™ RESPONDENT (Application for extension of time within which to lodge an application for revision to the High Court Tanzania) [Land Division]at Dar es Salaam) (Mqetta, 3) dated the 23rd day of December, 2021 in Land Case No. 325 of 2017 RULING 24l™ February & 4™ March, 2026 KITUSI. J.A.: The applicants pray for an extension of time within which they may apply for revision of the decision in Land Case No. 325 of 2017, their strongest reason being that they were not parties to that case and they only became aware of its decision on 12/6/2025 at the time of execution. The applicants claim interest to the pieces of land that were the subject matter in the said Land Case No. 325 of 2017. In the affidavit that was jointly taken by the applicants, they claim to be lawful owners of pieces of land on Plots No. 89, 181, 199, 201, 321,327, 329, 332,402, 404, 574 and 578 Block DD Mwasonga area within Kigamboni 2

Municipality. The basis of the claim is that they purchased those plots from the 28th respondent. Who appeared in person during the hearing. At the hearing, Mr. Rajabu Mrindoko, learned counsel for the applicants submitted that the applicants became aware of the existence of the judgment in Land Case No. 325 of 2017 on 13th June, 2025. Mr. Edward Makene, learned advocate who appeared for the 1st to 27th respondents at the hearing disputed that fact and referred to a discrepancy on the date regarding when the applicants became aware of the judgment, citing paragraph 4 of the affidavit which mentions 13th June, 2024 whereas the submissions refer to 13th June, 2025 as the relevant date when the applicants became aware of the judgment. The learned counsel further submitted that the delay is long and there is no account for each day of the delay, citing Mantle Kwaangw v. Daniel Gileksa [2025] TZCA 752, in support. In his rejoinder, Mr. Mrindoko submitted that the discrepancy in the dates on which the applicants became aware of the judgment is a mere slip of the pen and he drew my attention to other facts that show that the applicants came to know the existence of the judgment on 13/6/2025 not 13/6/2024. He stated that paragraph 6 of the affidavit in reply by the 1st to 27th respondents alludes to 13/6/2025 as the date when execution of the decree in Land Case No. 325 3

of 2017 was done. That date, in my view, is in harmony with the applicants' assertion that they came to know about the case on the date of the execution of the judgment. It is therefore my finding, based on the foregoing facts, that the applicants became aware of the judgment in Land Case No. 325 of 2017 on 13/6/2025, not earlier. The issue for my immediate attention is whether the applicants have made a case for extension of time within which they may apply for revision. There are two affidavits. One by the applicants which states how they were taken aback by the invasion into their properties and the action they took. They consulted Mr. Mrindoko, learned advocate and told him what had happened. The second affidavit is that of Mr. Mrindoko, narrating the action the he took upon being retained by the applicants on 21/6/2025. He stated that he applied for permission to peruse the record after which he prepared the pleadings necessary in instituting the present application. I note that this application was filed on 9/7/2025. There is a lapse of about twenty six days or so from 13/6/2025 to 9/7/2025. Considering that the applicants had no clue of what was about to happen in respect of their landed properties, it cannot be expected that they would have acted faster than how they did. I am satisfied 4

the applicants conducted themselves diligently within the short time of becoming aware of the judgment against their interests. The principles in the case of Ngao Godwin Losero v. Julius Mwarabu [2016] TZCA 37 and Lyamuya Construction Co. Ltd v. Board of Registered Trustees of Young Women Christian Association of Tanzania [2011] TZCA 4 were, in my view, observed by the applicants in this case. They acted diligently in my view. In addition to what I have discussed above, it is my considered view that the applicants are entitled to a hearing. In view of all that, I grant this application with costs. The applicants may file their intended application for revision within sixty (60) days of the delivery of this ruling. DATED at DAR ES SALAAM this 3rd day of March, 2026. Ruling delivered this 4th day of March, 2026 in the presence of Mr. Rajabu Mrindoko, learned counsel for the Applicants, Mr. Felix Edward Makene, learned counsel for the 1st & 27th Respondents, Mr. Jaffer Idd Msangi the 28th Respondent appeared in person - unrepresented and Ms. Janekisa Bukuku Court Clerk; is hereby certified as a true copy of the original. I. P. KITUSI JUSTICE OF APPEAL A. L. KALEGEYA DEPUTY REGISTRAR COURT OF APPEAL