The applicant was a losing party in Land Case No. 12 of 2005 instituted in Mwanza District Land and Housing Tribunal. In that case, the Respondent emerged a successful party. Dissatisfied with the decision of the trial Tribunal, the applicant appealed to the High Court. In the exercise of its revisional powers, the High Court, in Land Appeal Case No. 9 of 2006, quashed the proceedings, set aside the decision of the trial Tribunal and, consequently, ordered a re-trial. This time around, the Respondent was aggrieved by the decision of the High Court dated 05.11.2008. She subsequently lodged a notice of appeal with the Registrar of the High Court on 12.11.2008. Since then, the intended appeal was never instituted.
By the Notice of Motion brought under rules 89(2) and 91(a) of the Tanzania Court of appeal Rules, 2009 (the Rules), the applicant moved this Court for orders that “the Notice of Appeal lodged on 12.11.2008 be struck out and consequently the intended appeal be deemed as withdrawn”. The application was supported by the applicant’s sworn affidavit and it was predicated, in the main, upon the failure by the Respondent to take essential steps towards instituting her intended appeal timeously.