Justoni Mkisi vs Saimini Mwanyoka Super Star Bus Service (Civil Appeal No. 60 of 1998) [2000] TZHC 195 (30 August 2000)
Judgment
){EMA J.
J. ·---
IN 'THE HIGH . COURT OF TANZANIA
AT DAR ES SALAAM.
CIVIL APPEAL NO. 60 OF 1998 -·
JUSTONI MKISI ••• o o ••••• • APPLICANT
VERSUS
SAU-HNI MWANYOKA
SUPER STAR BUS SERVICE ••• RESPONDEN'r.
RULING.
This is a preliminary objection by the respondents in this appeal to the
effect that the appeal has been filed out of time. It is on record that following
the judgement of the Resident Magistrate's Court dated 12/8/97, appellant applied
for copy of judgement and decree on 13/8/97, on the day the notice was filed. The
appellant lodgd his appeal ou 25/6/98.
Mr. Byalushengo learned Advocate, who argued the preliminary objection exparte
upon the default of appearance of the appellant, informed the court that the
certified_copy of judgement was ready on 27/1/98 ancl the Decree thereto on 26/1/98,,.
It took the appellant five months to lodge the appeal thereafter ar1d Mr. Byalushengo
submits that tne appeal is llopelesely out of time
Although the apvellant in his written cuu.'1te1; affidavit d.uted 9th AuguGt, 2000
has stated that the jud~~ment was supplied to him on 1"/6/1998, I agre~ with Mr.
Byalushengo that th2 appellant if vigilant should have been seized with both the
judgement and dcree shortly after • I therefore des 1 ,1iss it with costs.,
.S.JJhema
JUDGE
"';hey were certified in January, 1998 •
. Obvisiously appellant
1
.vas not diligent in presecutin13 his appeal.· Accorcliris-ly
' r sustain the pre:...iminary obj2ction and l find tho a;_,peo.l •to"· ha,;e been field out
of_ tim