Msafiri Juma vs Elias John (PC Civil Appeal No. 121 of 1997) [1998] TZHC 2125 (12 May 1998)

IN THE HIGH COURT OF TANZANIA DAR ES SALAAH DISTRICT RIGISTRY AT DAR ES Si,LAAM. -~~----- • tw1SAFIRI J·ulA. 0 ••• 0 ••• 0 •••••.••• 0 0 •• · 0 • 0 0 0 0 • 0 ~ 0 0 C O O O •••• 0 0 •• 0 •• ·o C • 0 0 0 •• 0 •• APELLANT· VERSUS 0 EJ;,IAS JO}iii • o o • • o o o • • • o • o • t o t • o • ·• o. o • o • o o • • • o o o o :;, • • ct\O • o o • e • • o o o o o • o o o • • • o RESPONDENT JUDGMENT --------------=- The appellant was originally the defendant i,efore the Nwambao Primary Court, Ba.gamoyo District. He was successfully sued for damages amounting to shs. 100 1 000/= arising frorr. the unlawful destruction of the plaintiff's m.ud hut. He lost bfo:re the District Court at Bagamoyo where he appealed. Hence this appeal. My examination of the proceedings satisfies me that there is nothing in the · instant appeal upon which this court will be justified to interfere with the concurrent findings of the.two lower courts. In any case, >' even if the appeal was founded an sufficient grounds of complaint it has been brougt out of time. For although the decree appealed. ,.. . . ap_pellant from was passed on 25th July, 1997, th] instituted the appeal by paying court fees for that purpose vide ERV No. 03580889 of 29th August, 1.997. The appeal was therefore _five days out of the statutory tirty days within which the appeal s~ould have been lodged. ·The appeal is dismissed with eosts. Delivered. 12/;i/1998