Kabwela Kaimulaya vs Andison Kamwezi (Misc. Civil Application NG. 3 of 2000) [2000] TZHC 526 (5 May 2000)

. , IN THE HIGH COURT OF 'l'AN2;ANIA AT MB:E.'YA ruse. CIVIL Af'FLICATION NG. 3 OF 2000 (From Vibozi District Court at Vwawa in Civil Appeal No. 2 of 1999 Before: F.C"P, Mdender.ii - District Magistrate) KABWELA KAIULAYA ••• , ••••••••• APPLICANT Versus ANDISON KAMWEZI ooooouooo.,1>0.,0.J RJESPONDBNT RULING This is an application for leave h .appeal to this court out of time from the decision of )VJbozi district court Civil l.ppeal No. 2 .of 1999. It was preferred by FJ.ro Mwakolo, learned advocate, and argued before me by JV1r. r-ikwnbe, learned advocateo It is supported by an affidavit of the applicant, and resisted by a counter-affidavit sworn by Mr. Mbise, learned advocate for the respondent. I have had sight of the affidavit and counter-affidavit, and I have heard both learned counsel. It is clear that this matter is devoid of merit. The district court delivered its judgment on 12.3.99 in the presence of the applicant, a.."ld rights of further appeal were explained. On 9.4.99 the applicant applied for copy of judgment which he got on 13.5.1999. But he never filed an appeal. On 10.11.99 he filed an application for stay of execution before the district court of Mbozi. And on 13.1.2000 he filed this application. In his affidavit the applicant averred that he fell sick for a long time, hence the delayo But that reason is unsubstantiatedo It is a settled principle that leave to appeal out of time can bo granted upon the court being satisfied that there were sufficient cause for failing to appeal within time. In my view, and with respect, the reason given by the applicant, unsubstantiated as it is, cannot at all amount to ufficient cause for the delay The applicant is thus, for insufficiant caus, hopelessly out nf timeo I, ••••••o /2

!. I • ... . ... 2 applic2.tion stands dismisse'd with costs. BoPo hOSHI i ) JUDGE" .,...,.---- 5 May 20000 For Applicant JVir. Mkumbe, advocate.· For iiespondent; Absent o .. ' .. ' .. ... " ' • ,H i' I ,.1 I .,,