Abraham Ally Sykes & Another vs Abdoul Ally Sykes & Others (Civil Application No. 936 of 2025) [2026] TZCA 229 (4 March 2026)

IN THE COURT OF APPEAL OF TANZANIA AT PAR ES SALAAM CIVIL APPLICATION NO. 936 OF 2025 ABRAHAM ALLY SY K ES .................................................................... 1 st APPLICANT ALMA ALLY SYKES............................................................................ 2 nd APPLICANT VERSUS ABDOUL ALLY SY K ES................................................................... 1 st RESPONDENT ALHAJ ARAF SYKES ...................................................................... 2 nd RESPONDENT MRUGURU PAULA SYKES AND KHWEMAH ALLY SYKES (as administrator of the estate of the late ZAINAB SYKES)..............3rd RESPONDENT (Application for extension of time to lodge application for Revision against the decision of the High Court of Tanzania at Dar es Salaam) (Mkasimonqwa, J.) dated the 16th day of March, 2018 in Probate and Administration Cause No. 53 of 2014 RULING 25th February & 4th March, 2026 KITUSI, 3.A.: This is an application for extension of time within which the applicants may make an application for revision, but before that, I have to decide a point of preliminary objection raised by the respondents, whether the applicants may competently prefer a revision to an appeal while they were parties in Probate and Administration Cause No. 53 of 2014. Mr. Daniel Welwel learned counsel for the respondents argued that the decision of the High Court in that cause is appealable. He was being assisted by Mr. Lusiu Peter, also learned counsel.

The learned counsel submitted that in appreciation of the fact that the decision is appealable, the applicants had earlier lodged a notice of appeal which they later withdrew. He cited the case of Naina Suleiman (suing as a next friend of Zakaria Omary Salum Shingela (Minor) v. Idu Busanya Mugeta (administrator of the late Lazaro Busanya) and 5 others [2022] TZCA 827 for the principle that revision is not an alternative to an appeal. Dr. Chacha Murungu, learned advocate appeared for the applicants submitted that upon withdrawal of the notice of appeal which was granted without an option to refile, the applicants had no room to exercise the right of appeal. I am afraid the issue whether the intended application for revision is maintainable or not, has more to do with the power of the Court when considering that application than at this stage when the issue is whether to grant extension of time or not. Therefore, I resist the temptation to determine the issue raised in the preliminary objection because that is for the full Court to decide. Consequently, I dismiss the point of preliminary objection for the reason that it may still and appropriately be raised before the Court. 2

The hearing of this application for extension of time is hereby adjourned to a date to be fixed by the Registrar. Costs to be in the main cause. DATED at DAR ES SALAAM this 3rd day of March, 2026. I. P. KITUSI JUSTICE OF APPEAL Ruling delivered this 4th day of March, 2026 in the presence of Mr. Lusiu Peter, learned counsel for the Respondents holding brief for Dr. Chacha Murungu learned counsel for the Applicants and Ms. Janekisa Bukuku Court Clerk; is hereby certified as a true copy of the original. i * '■y — - ^ 4 A. L. KALEGEYA DEPUTY REGISTRAR COURT OF APPEAL 3