Hamisi Athumani vs Jumanne Makambi & Others (Civil Appeal 93 of 1997) [1998] TZHC 2025 (21 December 1998)

IN THE HIGH COURT OF TANZANIA PAR ES SALAAM (PC) CI VIL APPEAL NO. 93 OF 1997 (Oriainating from Kinondoni District Court Civl Appeal No. 9 of 1997) ..APPELLANT HAMISI A T H U M A N I ......................... VERSUS 1 . JUMANNE MAKAMBI ) ....... REPONDENT 2. KONDO MATEMBELE . .............. 3. IDDI KIWAMBA ) R U L I N G TTAT.KGEYA, “rr. Klnonfloni = „ UIt the said appeal was summarily rejected, "The Appeal lacks anJ . ^ ^ ^ ^ ^ d i l p u t e d ^ l o t by the o - - e n filed without any cause for complain . The Applicant seeks to challenge that * ® f° ” , Tanzania U n f o r t u n a t e l y he was late in taking tn r / e l r v Steps. He has filed a c h a f e r summons supported by an af f id av it praying for extension of time to:- "(a) To file notice of Appeal ( b i t o file leave to appeal to Court of Appeal (c) To institute the intended appeal to the Court of Appeal ,a > To make an application for a certificate that there are points of law involved in its appea .

. • „»« assisted bv Ms. Washokera, Advocate, on Legal The A p p l i c a n t was assiste y appearance when the Aid basis. The R e s p o n de n ts did not mak W o r e the Court for hearing, and in consequence m a tfpr cam© be i o r e inc ^uui^ thereof, Applicant was allowed to prove his * written submission hence the present ruling. In both the affidavit and written submissions the Applicant states tolk time for hi. to become aware of the order for Summary r e a c t i o n - that he was sick and had to attend a local medicineman and that when he finally got the order he had to seek lega ai assistance, further to the above grounds he states that pertinent points of law involved. uoon full consideration of the submissions I am satisfied that this is a fit case in which an application for extension of time should be granted. P r o c e d u r a l ^ when c a s e s ^ p l a c e ^ e o iudaes for admission or otherwise parties are attend A iudae ooes through the record and makes a decision - “ to~admit"or summarily reject it: even the "summary" tells it all. Naturally therefore, m » » * « “ ■' the time such order comes to the notice of the parties t statutory period within which to take essentiai steps wou *ve — y - oYPADt i o n . For th© rsssorio elacsed. The present case is not an exceptio stated the application is allowed. Time will start to run the date of the delivery of this ruling. (L. B. Kalegeya) JUDGE Delivered on (L. B. Kaleaeva) JUDGE