Yabiluka Mhenu vs Badi Ndimira and Another (Misc. Civil Application No. 5 of 2000) [2000] TZHC 541 (10 October 2000)

rn THE HIGH COURT OF TANZANIA AT TABRA MISCo CI\rm!i APPLICATION NO, j 0F 2<;¥f , ·r· ·@: ·}"r. t (Arising from Bariadi District Cptlrt Cifil Appeal Noo 37 of 1999 and Original Ctvil 9fe Nf• 22 of 1998 of Somanda Primary Court) YABILUKA MHENU •• •• •• APPLICANT VERSUS BADI NDIMILA AND ANOTt3• RESPONDENT RULING The applicant, Xabiluk~!full_;z., i ,ft"t.; in appealing to t .. ·ft : this Court. He had lost in the two ,qurt blow. The Primary .= ·f zr 1d Court judgment was delivered on 3+(~~,Q.j1 while the District . :r;.··t:r;,-· ,::.t;· Court judgment (the appellate) Cou;-&:,,:jJgment) was delivered . :, ,J:'. •' s9gJ:rt .tio r11ppeal this year on 22/10/1999. The applicant has 2000 (14/2/2000). The affidavit late in appealing, and attributes ,: ; 1 .:·/ ; ~ .: t . 11-e dep6e reads that he was . :' '.}\ -~ the_· d¢'.l;'?,y to reasons "beyond ·. f "•••••" control". I have, however looked at to see if it could have chances t>f success!> th~ whoii 1a1e of the applicant . :·. {.f ! '/ of -u,,c?!sJt \There are chances -i:: ·I'S, The two parties are grapplig over . 11' There are twelve such portions coveri {;:/:' paddy fields • 4 cres. ' The applicant, had won the caf1·1n t,hj Primary Court of t: 'f ➔ Somanda in Bariadi District. He had put up'"- case -;that he he.tr ~ .. been cultivating that piece of land t+H tour acres) for 10 . . - 1 {_,; years. The respondent who alleged thc3t the trea was hers had·· , moved to Sengerema. She stayed ther. f<Dr a iong time. When· s.he, ..

Misc.Civ.Al?.E!,!.5/2000. 2

. ca.me back she .found the applicant digging the land. The applicant - is surprised that the District Court has reversed the decision o.f the Primary Court. I have looked at the judgment of the appellate Court. I am not confertable with it. I therefore allow this application for leave to appeal here out oi' tirneo The application for leave .,/ ...,. __ ; to appeal to-the High Court out of time is gra11tedc Appeal should be lodged within 14 days from todays elate"' AT TABORA. 10th October, 2000. AI?Elicant: Present in person. iespondent: present in person~ J. Eo Co MASANCHE JUDG:Ellt .......... ~