Titus N. Nakaombe vs Daudi Mlenge (PC Civil Appeal No. 61 of 1996) [1998] TZHC 2171 (14 December 1998)

IN THE HIGH COURT OF TANZANIA. DAR ES SALAAiv1 DISTH.ICT REG IS TRY AT DAR ES SALAAM I PC. CIVIL AFPEAL NO, 61 OF 1996 TITUS N. NAKA Ofif1BE _ • • • • • AT: F ELLAI'JT VERSUS DAUDI iVILENGE o•oocieoooooooooooo RESF-ONDENT RULING J: ,. . . , '• '. ,, ' The applicant, has filed this a:PPlicatton firstly for thi-tt'· 1 '' t,,;,.. rt to extend time within which ato apply for leave to aPPeaI the Court of Appeal, and secondly if this application is

/&;ranted to enable him te ap'.Peal to the court of Appeal. f,' . The applicant who conducted the rrtter j_n person filed· i_n, affidavit in support of his application •. ,, The Respondent was represented by Mr. I' 1 ikongwa learned The applicant's main ground for seeking extension of time- that he fell sick and was hospitalised for about two weeks 1' .,· . ·":ro.' reased on 6/1/1998. 1 · y-· .,., .. . :--::,_r t/:. _. However the aPPl:i.cation was lodged on 18/5/98, a delay ,'-':f '.:five months to be exact. The applicant has also stated :1h '.Para 7 of his affidavit, that he has been conductipg his 'h case from the Frimary Court's stage. However/t!.lng the ; ' : ·}rt's record it is noted that Advocate Lukwaro represented 1 ' '.'ifilm in this court. The applicant, ·therefore, has not been trutlif -,)his aspect · ! 'It',., "!-;,; .1 t)Jf Assuming that this court was minded to grant the applicat'i:o~ : ,., . . a ., • .;; )lff1 extension of time, is there/ .legal point worthy of ,· ;.,)?· ~~J;ideration by the Court of Appeal? I have travelled throug.p 1 ;:Yt ~~-'Jiled. affidavit by the applicant but have not been able to 1 r:;;,,., . ··•rf\ · ~ :· •t - ".sover any. _.'. ·-:: f.f· ' .. ··· . ~~::!: All in all, I am not Persuaded that this application be tt, ' ., /· ;the event, I dismiss it with costs. ~ ' ', ,, .. f.; ivered before Parties nt in person · ' Respon:lent. • i ' • . . I ... , . • . . '. :,i ., . ... ;)! :}. ':,t;) ,. :'. ' .. :t l.