On 15th July, 2008, the Appellant instituted a Land Case No. 22 of 2008 in the High Court at Arusha against the Respondents. The suit was resisted by the then defendants. In particular, the first Respondent/defendant successfully raised a preliminary objection that the suit was bad and incompetent in law as it disclosed no cause of action against the first defendant/now Respondent. In a ruling dated 29/1/2013 that preliminary objection was upheld by the High and the suit was struck out with costs. On 14/2/2013, the Appellant lodged a notice of appeal to this Court and the appeal was finally lodged on 15th December, 2015.
When the appeal came up for hearing, Counsel for the Appellant informed the Court that the first Respondent, had in fact, expired on 20/9/2011. Thus, the High Court proceeded with the hearing of the case without the knowledge of the first Respondent’s death on 20/9/2011. So, the Counsel pointed out that it was obvious that all the proceedings at the High Court after 20/9/2011 were conducted in the absence of a deceased party. He therefore invited the Court to invoke its revisional powers, revise and quash all those proceedings, from 20/9/2011 onwards.