Seif Said vs Ally Muhsin and Another (Misc. Civil Application No. 185 of 1998) [1999] TZHC 79 (3 March 1999)

" /@ IN THE HIGH COURT OF TANZANIA AT DAR ES SALA.Ai CIVIL APPLICATION N0.1-85 OF 1-998 SEIF SAID ............ APPLICANT VERSlJS ALLY MUHSIN .... , ... 1-ST RESPONDENT JUMA MUH.SIN .. ...... 2ND RESPONDENT RULING KALEGEYA, ,J: Seif Said, represented by Mr Ndolezi, Advocate, applies for leave to file notice to appeal and to appeal out of time against the decision of the Kinondoni District Court. Both in the affidavit and submissions applicant insisted that he as misled by the Kinondoni Resident Magistrate's steps and actions which were geared at solving th problem administratively, and that when the Rm finally realis~d his errors on the matter and decided to advise otherwise time had already elapsed. In reply the Respondents argued that the application is without merit as no sufficient reasons have been advanced for delay. They went further to argue that they have of late discovered that there is an error apparent on the Primary Court record in that the judgement was not signed by the assessors and that therefore it is a nullity and so are subsequent proceedings.

f 2 This application stands allowed for the following reasons:- the Resident Magistrate i/ci Kinondoni clearly shows that he had ' errenously engaged .in Administrative actj_ons ( as per his own admission) and that later he proceeded to advise the Applicant to challenge the District Court judgement by way of Appeal to the High Court. In the same month the present application was I am therefore satisfied that Applicant believed, at first, that the Rm would solve the problem. It would be illogical to expect the Applicant to have embarked upon the appeal avenue when there was a simpler way of solving his problem (as he was led to believe by the Rm). Secondly, if indeed the judgement was not signed by the assessors, the proceedings, judgement and subsequent orders, both ·- th P . Oll .... t a·na"' .... .;r•tr.;,...t r'Ol' .... t ''O'l,r'! •- a =u11.;+-v lll ,! e rimary _, _ .L ., _ --: J.J.U:> J.\ •. - _,\ ,U I W Jl_ J_.J. i.Je .. H _ .L l.- , That error can be corre6ted by way of either an appeal or revision. As one of th~ parties has already started the rolling of the wheel by way of intended appeal there would be no legal ,, grounds for this court to buttress the same. The application is allowed. L.B. Kalegeya JUDGR.