Kabwela Kaziulaya vs Andison Kamwezi (Misc Civil Application No. 3 of 2000) [2000] TZHC 281 (5 May 2000)

• • 4 p • C ra - IN THE HIGH COURT OF TANZANIA AT f'IBEYA MISCO CIVIL APPLICATION NO. 3 OF 2000 ('roi i'ibozi District Court at Vwawa in Civil Appeal No. 2 of 1999 Before: F.C.P.Mdenderni- District Magistrate) KABWELA KAZIULAYA .. APPLICANT Versus ANDISON KANWEZI RESPONDENT RULING MOSHJ. This is an application for leave ti appeal to this court out of time from the decision of Mbozi district court Civil Appeal No. 2 of 1999. It was preferred by Mr. Mwakolo, learned advocate, and argued before me by Mr. Mkumbe, learned advocate0 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 distri*ct court delivered its j udgment on 12.3.99 in the presence of the applicant, and 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 appeal0 On 0,11.99 he filed an application for stay of execution before the district court of Nbo'zi. And on 13 , 1 , 2000 he filed this application. .. In his affidavit the applicant averred that he fell sick f or a long time, hence th delay. But that reason is unsubstantiated. It is a settled principle that 1ave to appeal out of time can be 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 àt all amount to sufficient cause for the delay. The applicant is thus, for insufficient cause, hopelessly out of time. ....... /2

/(Iev this application stands dismissed with costs /

' 4 - --V AT MBEYA0 5 May 2000. For Applicant: Mr • Mkur, advocate.

• For iespondent: Absent. (_(I MOSHI JUDGE