The Appellant filed the Petition of Appeal before this
honourable court seeking to challenge the decision of the District Land and
Housing Tribunal for Njombe. It is imperative to point out that when the matter
came for hearing Mr. Kingwe prayed to amend the Petition of Appeal the prayer
which was granted by the honourable court and ordered that Mr. Kingwe was to
file the amended appeal by 17/07/2012 and the matter was fixed for hearing on
4/10/2012. Surprisingly the Amended Petition of Appeal was filed on 24/07/2012
contrary to the court’s order of 12/07/2012. Subsequently when this matter was
fixed for hearing during the special session Mr. Owegi, prayed for withdrawal
of the suit for reason that the copy of the decree was not attached. The issue
was whether this court can allow the Appellant to withdraw the appeal.