Yusta Nzyungu vs Adolfini Kalile and Others (Misc Civil Application No. 26833 of 2025) [2025] TZHC 8451 (19 December 2025)

Page 1 of 6 IN THE HIGH OF THE UNITED REPUBLIC OF TANZANIA (SUMBAWANGA DISTRICT REGISTRY) AT SUMBAWANGA MISC CIVIL APPLICATION NO. 26833 OF 2025 (Arising from Land Application No. 10 of 2022 in the District Land and Housing Tribunal for Rukwa at Nkasi) BETWEEN YUSTA NZYUNGU……………………………………………….………………….APPLICANT VERSUS ADOLFINI KALILE EMMANUEL KISANGA EDWIN MATANDIKO LINUS KUSAYA …………………..……….... RESPONDENTS KALISTO KIWALALA BENARD MAKANDI PATRICK CHENELA EX-PARE RULING Last Order:18/11/2025 Date of Ruling: 19/12/2025 MANYANDA, J.: This application has been preferred by the applicant, Yusta Nzyungu under section 14 (1) of the Law of Limitation [Cap. 89 R.E. 2023] and section 105 of the Civil Procedure Code, [Cap. 33 R.E. 2023] seeking for

Page 2 of 6 this court to extend time for him to file an appeal out of time. The application is supported by the affidavit of the applicant, the said Yusta Nzyungu. When the application was called on for hearing, the applicant appeared in person, unrepresented whilst respondents did not enter appearance. The matter proceeded orally without respondents. Arguing in support of the application, the applicant submitted that the respondents had trespassed into her land. She proceeded against them before Nkasi District Land and Housing Tribunal which decided in their favour. After being dissatisfied with the decision of the trial tribunal and while on the move to appeal against such decision in this Court, she felt sick of Asthma and heart diseases as such she could not move forward. She prayed her application be granted based on the facts and evidence deposed in her affidavit and this Court grant the prayers presented in the chamber summons. The question is whether the application before this court has merit. It is now a cardinal principle of law that when the time has expired, there must be explanation or material upon which the court may exercise its discretion to extend it. This stance has been taken by the Court of

Page 3 of 6 Appeal and this Court in a number of decisions. See the case of Regional Manager, Tanroads Kagera vs. Ruaha Concrete Co. L.t.d; Civil Application No. 96 of 2007 CAT, (unreported), Godwin Ndeweri and Karoli Ishengoma vs. Tanzania Indif Corporation, [1995] TLR 200 and Republic vs. Yona Kaponda and 9 others [1985] TLR 84 and Tanga Cement Company Limited vs. Jumanne D. Massanga And Another, Civil Application No. 6 of 2001 . In this application before me, through the affidavit sworn by Ms. Yusta Nzyungu averred that she was applicant in Land Application No. 10 of 2022 before the District Land and Housing Tribunal for Rukwa which Judgment and decree delivered on 31 st of October 2022 was in favour of the respondents. Being aggrieved by the said Judgment she intended to file Land Appeal before this court as the judgment and decree contains illegalities for failure to show description of the land properly. The applicant further in 6 th paragraph averred that since the land in dispute is located at Mikukwe - Kate Village within Nkasi District, neither no boundaries was indicated to the paragraph three of Land Application nor size of suit land. The second reason advanced by the applicant was her sickness due to asthma and hypertension illness. She further averred that failure to appeal on time was not due to her negligence rather to her

Page 4 of 6 serious health condition and being unable to engage herself to the court premises physically and mentally. Having perused the entire records of this application, it transpires to this court that, the applicant strongly asserted that her failure to file an appeal on time was due to sickness as she felt sick of Asthma and heart diseases when in the process of filing an appeal. At this juncture, the application before me is proper, I have been persuaded with the reasons as advanced by the applicant as the same does suffice as a sufficient cause for the court to grant extension of time as prayed. The applicant has succeeded to account each day of delay for all days she has failed to file the application before this court. Moreover, illegality has been held to be one of the good case for extension of time. See the famous case of Lyamuya Construction Company Ltd vs. Board of Registered Trustee of Young Women's Christian Association of Tanzania, Civil Application No. 02 of 2010 CAT (unreported) where it the Court of Appeal listed the criteria for grant of extension of time stating as follows: - “As a matter of general principle, it is in the discretion of the Court to grant extension of time. But that discretion is judicial, and so it must be exercised according to the rules of reason and justice, and

Page 5 of 6 not according to private opinion or arbitrarily. On the authorities however, the following guidelines may be formulated: (a) The applicant must account for all the period of delay; (b) The delay should not be inordinate; (c) The applicant must show diligence, and not apathy, negligence or sloppiness in the prosecution of the action that he intends to take; and (d) If the court feels that there are other sufficient reasons, such as the existence of a point of law of sufficient importance; such as the illegality of the decision sought to be challenged.” For the reason stated above, I find the application has merit and the applicant is given 60 days from the date of this Order to file his Land Appeal if she so wishes. It is so ordered. Dated at Sumbawanga this 19 th day of December, 2025 F. K. MANYANDA, JUDGE

Page 6 of 6 Delivered at Sumbawanga on the 19 th December, 2025 in the presence of the Applicant Yusta Nyungu and in the absence of the Respondents. The application is granted, time is extended for 6o days from the date of this application for the applicant to file her appeal, if she still so wishes. F. K. MANYANDA, JUDGE