Inocensia Samlowe vs Nayman Mlimba (Civil Application No. 32 of 2014) [2014] TZCA 2325 (13 May 2014)

IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM CIVIL APPLICATION NO. 32 OF 2014 _INOCENSIA SAMLOWE ................................................................... APPLICANT VERSUS NAYMAN MLIMBA ............................... ....................................... RESPONDENT (Application for Extension of time within which to file written submissions in respect of Civil Application No. 149 of 2013 pending in the Court) RULING 13 th May,2014 ORIYO, l. A.: By way of Notice of Motion lodged in this Court on 6 th March, 2014, the applicant, Inocensia Samlowe, is seeking an order of the Court for an extension of time to file written submission~ in respect of Civil Application No. 149 of 2013 pending in this Court. Her reason for seeking the extension is found in the Notice of Motion and paragraphs 4,5,6 and 7 of the affidavit in that it is due to a mix up of documents in that, instead of filing an affidavit in reply together with the reply submissions, she inadvertently filed the affidavit in reply only. She discovered the omission to file the reply submissions late, when the matter came up for hearing and her counsel from Womens Legal Aid Centre sought copies of the documents she had filed in court. That is when she realized that she had 1

mixed up the two documents and had actually filed only one document instead of two different documents, hence this application. When the application came up for hearing, Mr. Alphonce Katemi and Mr. Juvenal Rwegasira, learned advocates, appeared for the applicant while Mr. Mwezi Mhango, learned advocate, appeared for the respondent. Mr. Mhango, learned advocate, stated that he had no objection to the application for extension of time sought. In view of the "no objection" from the respondent, the learned counsel for the applicant prayed for the application to be allowed with no order as to costs. Rule 10 of the Court of Appeal Rules, 2009, states:- "10. The Court may, upon good cause shown, extend the time limited by these Rules or by any decision of the High Court or tribunal, for the doing of any act authorized or required by these Rules, whether before or after the expiration of that time and whether before or after the doing of the act; and any reference in these Rules to any such time shall be construed as a reference to that time as so extended. " (Emphasis mine). In my view, the reasons advanced by the applicant in the Notice of Motion and supported by the evidence in paragraphs 4, 5, 6 and 7 of the 2

,.: ~ ,,• •"" affidavit of Inocensia Samlowe constitute good cause to extend the time of thirty (30) days limited by Rule 106(8) of the Rules, for the respondent to file submissions in reply. In the exercise of my discretion under rule 10 of the Court Rules, the application for the extension of time sought is hereby granted, with no order as to costs. However, since the application for extension of time is to file written submission in Civil Application No. 149 of 2013 and since the said application is causelisted for hearing on Monday 19 th May, 2014, the applicant is to file the written submissions, latest by 12:00 noon, on Friday, 16 th May, 2014. The learned advocates for the applicant to ensure due compliance. It is so ordered. DATED at DAR ES SALAAM this 13 th day of May, 2014. K. K. ORIYO JUSTICE OF APPEAL f the original. D RTOF 3