John Gwangway vs Patrid Hhawu Dito (Civil Application No. 140/02 of 2024) [2024] TZCA 1055 (1 November 2024)

IN THE COURT OF APPEAL OF TANZANIA AT ARUSHA CIVIL APPLICATION NO. 140/02 OF 2024 JOHN GWANGWAY..................................................................APPLICANT VERSUS PATRID HHAWU DITO ......... ............................................. RESPONDENT (Appeal from the decision of the High Court of Tanzania at Arusha) fMwaseba. J.1 dated the 26th day of January, 2023 in Land Appeal No. 44 of 2022 RULING 30th October, & 1st November, 2024 MGONYA. J.A.: Before me is an application for leave to appeal to this Court against the decision of the High Court of Tanzania in Land Appeal No. 44 of 2022. The application is supported by an affidavit deponed by the applicant. There was no affidavit in reply which was filed by the respondent to oppose the application. At the hearing of this application, both the applicant and the respondent appeared in person, unrepresented.

When given the floor to amplify the grounds stated in his affidavit, the applicant had nothing substantive to add, he rather urged me to consider the contents of the affidavit and grant the application. On the respondent side, Mr. Patrid Hhawu Dito, expressed that he is not objecting the application. Having gone through the applicant's affidavit, I find the nagging issued is whether the application is still tenable in the wake of the amendment of section 5 of the Appellate Jurisdiction Act, Cap 141 (the AJA) brought by section 10 and 47 (b) of the Legal Sector Laws (Miscellaneous Amendments) Act No. 11 of 2023 which came into effect on 1s t December, 2023. Briefly, the background of this dispute as garnered from the record of this application goes as thus; the applicant herein filed an application before the District Land and Housing Tribunal (the DLHT) at Karatu, to be declared as the lawful owner of the disputed land measuring one acre which is located at Kitete Village, Mbulumbulu Ward in Karatu District. After hearing the DLHT decided in favour of the respondent herein. Aggrieved, the applicant lodged his appeal before the High Court at Arusha. Unfortunately, the High Court conceded with the decision of the DLHT and found that his appeal has no merit hence dismissed it with

costs. Still aggrieved, the applicant intends to appeal to this Court where his application for leave to appeal was refused by the High Court. Therefore, pursuant to rule 45(b) of the rules, he filed the instant application as a second bite. Admittedly, before the amendment of the Appellate Jurisdiction Act, Cap. 141 R. E 2019 (the AJA) and the Land Dispute Court Act, Cap. 216 R.E 2019, it was the legal requirement that; before filing an appeal to this Court for the matter which originated from the District Land and Housing Tribunal, there must be a leave granted by the High Court or by this Court. However, the amendment made in the wake of section 5 of the AJA, brought by section 10 and 47 (b) of the Legal Sector Laws (Miscellaneous Amendments) Act No. 11 of 2023, which came into effect on 1s t December,2023, have done away with leave requirement for one to appeal to this Court against the decision of the High Court regardless of whether the decision is an order, decree, an ex-parte decree or a preliminary decree when the High Court is exercising its original, appellate or revisional jurisdiction. Premising on the above, it is clear that, obtaining leave has ceased to be a legal requirement effective the 1s t December, 2023. The changes, being procedural law, it is my firm view that this application has been

overtaken by event. Therefore, the only remedy is to strike it out, as I hereby do. Each part to bear its own costs. It is so ordered. DATED at Arusha this 1s t day of December, 2024. L. E. MGONYA JUSTICE OF APPEAL The Ruling delivered this 1s t day of November, 2024 in the absence of the applicant and in the presence of the respondent in person, is hereby certified as a true copy of the original.