These revisional proceedings were opened suo motu by
the Court pursuant to a complaint letter written by the learned Advocate for
the applicant, addressed to the Hon. Chief Justice. The learned Advocate wrote
the complaint on behalf of his client, the applicant. The background giving
rise to the application is free of controversy and may briefly be recapitulated
thus:
In the High Court of Tanzania, the first and second Respondents
instituted Civil Case No. 410 of 2000 against the third and fourth Respondents.
In the plaint, the first and second Respondents (who were plaintiffs there)
pleaded that they are lawful owners of two separate pieces of farm lands which
are located at Tegeta area, Dar es Salaam Region. It was also their claim that
both were engaged in the cultivation of crops on the parcels of land to which
they constructed structures in which they were occupying with their dependants.
The first and second Respondents further claimed that, to their surprise and
without being consulted, the third and fourth Respondents (who were defendants
there), surveyed the suit lands and the area on which they were located was
renamed: Tegeta Block “E”.
The plaint was countered by the third and fourth Respondent’s
written statement of defence in which the material averments of the same were
refuted and the first and second Respondents were put to strict proof thereof.
From the foregoing backdrop, the trial commenced and on the 29th
October, 2009 when the suit was placed before the court which ordered as
follows:
The matter is marked settled between the 2nd
plaintiff and the defendant and will now proceed with the 1st
plaintiff only. Learned counsel for the plaintiffs is also marked has (sic)
withdrawn from representing the 1st plaintiff. Hearing on 15/4/2010
It is significantly noticeable that the Deed of Settlement had
far reaching consequences particularly to persons who were also in occupancy of
the suit lands including the applicant. The applicant was an occupant at Plot
No. 58 within the suit land. All this time the applicant was not aware of the
proceedings in the High Court which resulted in the drawing of the Settlement
Deed. It was during the prosecution of his own land case against the fifth
Respondent that he became seized of the Deed of Settlement which was the
subject of Civil Appeal No. 410 in the High Court, Dar es Salaam. This prompted
the applicant to address his complaints to the Chief Justice.