The applicants seek leave of the Court to appeal against the
decision of the High Court at Arusha (Mugasha, J.) in D.C. Civil Appeal No 38
of 2002 delivered on 8/10/2012. Their first application for leave to appeal to
this Court having been refused by the High Court, they have now proffered this application
under rule 45(b) of the Court of Appeal Rules, 2009. The court raised a point
of law, suo motu, whether or not in view of rule 45(b) the matter was
competent before it