Thomas D. Kirumbuyo & Another vs Tanzania Telecommunications Co. Ltd (Civil Reference No. 1 of 2015) [2019] TZCA 195 (4 July 2019)

IN THE COURT OF APPEAL OF TANZANIA AT PAR ES SALAAM (CORAM: MUSSA, J.A.. MWAMBEGELE, J.A.. And LEVIRA, J.A.l CIVIL REFERENCE NO. 1 OF 2015 (Application for Reference of the Ruling of the Court of Appeal of Tanzania at Dar es Salaam) fKIMARO. J.A.^ dated the 5th day of May, 2015 in Civil Application No. 62 of 2010 12th June & 4th July, 2019 LEVIRA, 3.A.: The first applicant, Thomas David Kirumbuyo preferred this reference application under Rule 62 (1) and (2) of the Tanzania Court of Appeal Rules, 2009 (the Rules). His intention in this application is to challenge the decision of a single Justice of the Court (Kimaro, J.A.) in which, Civil Application No. 62 of 2010 was struck out for failure-by the applicant to cite the enabling provision of the law governing the said application. At the hearing, the applicant appeared in person, unrepresented whereas, the respondent enjoyed the services of Mr. George Magambo, learned advocate. VERSUS TANZANIA TELECOMMUNICATIONS CO. LTD APPLICANTS RESPONDENT RULING OF THE COURT The applicant just adopted the grounds stated in his letter to the Registrar of the Court with Ref. Civil Appeal No. 62 of 2010. He then rested his matter for the Court to decide. In reply submission, Mr. Magambo brought to our attention that, this application is time barred as it was supposed to be lodged within seven (7) days from the date of the impugned decision. He thus prayed for the application to be dismissed. The applicant had nothing to say in connection with the issue of time limitation in his rejoinder submission. Strangely, he denied to have written a letter to the Registrar subject to this Reference. Whatever the case, before us we have applicant's application enclosed with the impugned decision of a single justice which the applicant did not deny in the first place. Under the circumstances, we shall proceed to determine whether or not the application is time barred. f According to the record, the impugned decision was delivered on 5th May, 2015 and the current application was lodged on 24th June, 2015 more than one month and a-half later. Rule 62 (1) of the Rules provides that: 3 "Where any person Is dissatisfied with the-decision of a single Justice exercising the powers conferred by Article 123 of the Constitution, he may apply informally to the Justice at the time when the decision is given or by writing to the Registrar within seven days after the decision of the Justice" [Emphasis added]. Since the current application was lodged after the lapse of the prescribed time (seven days) in the above provision, we agree with the counsel for the respondent that this application is time barred and it deserves to be struck out. Accordingly, we hereby strike out this application and we make no order as to costs. DATED at DAR ES SALAAM this 18th day of June, 2019. K’ M. MUSSA JUSTICE OF APPEAL d 7 m J. C. M. MWAMBEGELE Itfl JUSTICE OF APPEAL M. C. LEVIRA JUSTICE OF APPEAL I certify that this is a true copy of the original. B. a J m PEPO^ / / . * ( 0 ' ,r DEPUTY REGISTRAR • hoc j] .... COURT OF APPEAL . - .■PH ________ I j a