Johnson Leonard Mahiruru vs Abdul Nassoro Obeid and Others (Civil Application No. 101/17B of 2017) [2017] TZCA 1266 (1 November 2017)

IN THE COURT OF APPEAL OF TANZANIA AT PAR ES SALAAM CIVIL APPLICATION NO. 101/178 OF 2017 JOHNSON LEONARD MAHIRURU ............................................. APPLICANT VERS ABDUL NASSORO OBEID AND THREE OTHERS.~ ................. RESPONDENT (Application for Extension of Time within which the Applicant to . fiie wri.tteh submission from the decisio·n·ofthe High· Court ..... LILA, J.A.: of Tanzania at Dar es Salaam) (Mgaya,J.} dated 19 th day of February , 2016 in Civil Application No. 518/17 of 2016 RULING OF THE COURT ·This· is an application for extension of time to file writte_n ...... submissions. in support of application No. 518/17 of 2016 which is an application for leave to file an appeal against the decision of the High Court '(Mgay.a,J. (Rtd); delivered on the 19 th February, in Land Case .. , . •:, : ..... ,.-No.:.200 of 2013. , The application is brought under Rule 10 of the ·. Tanzania Court of Appeal Rules, 2009 (the Rules) and is supported by an affidavit sworh by Johnson Leonard Mahururu. · ' '

,.. At the hearing of the application Mr. Barnaba Luguwa, learned advocate, appeared for the applicant and Mr. Aliko Mwamanenge, learned advocate, appeared representing the 1 5 \ . 2 nd and 3 rd ' . -·· . ·- __ .. ____ . . respondents. The 4 th respondent who was duly served did not enter appearance. At_ the outset. Mr.· Luguwa prayed the hearing of the application to proceed in the absence of the 4 th respondent who did not enter appearance despite being.duly served to appear. The prayer was not objected by Mr. Mwamanenge. I granted the prayer and, under Rule 63{2) of the Rules; hearing preceded · in the absence of the 4 th respondent. Mr. Mwamanenge did not resist the application. In view. of t_he reasons for delay advanced by the applicant in the affidavit in support of the application that the applicant's father fell sick since ·20 th ·oecember, 2016 and died on 5 th F_ebruary, 2017 qnd the funeral took place on 8 th February, 2017 in Karagwe District 2

in Kagera Region, I am satisfied that the applicant has advanced good cause for delay in filing written submissions. For the above reasons, I grant the application and the applicant . . . . . . is granteci=~thirty (30) days from today within which to file written submissions in support of application No. 518/17 of 2016. Each party to bear own costs. DATED at DAR ES SALAAM this 1 st day of November, 2017 S.A. LILA JUSTICE OF APPEAL . ·r certify that this is a true copy of the original. ,_ A.H.· umi -·· DEPUTY REGISTRAR COURT OF APPEAL 3