aman girls home v isack charles kanela 2023 tzhc 22291 31 october 2023

IN THE HIGH COURT OF TANZANIA IN THE SUB - REGISTRY OF MWANZA AT MWANZA MISC. LABOUR APPLICATION NO. 10 OF 2023 (Originating from Labour Revision No. 24 of2022) AMAN GIRLS HOME...................................................... APPLICANT VERSUS ISACK CHARLES KANELA............................................ RESPONDENT RULING 29/9/2023 & 31/10/2023 ROBERT, J:- The applicant, Amani Girls Home, seeks an extension of time to file a Notice of Appeal to the Court of Appeal of Tanzania (CAT) against the Judgment of this court in Labour Revision No. 24 of 2012. The primary ground for this application is technical delay, as argued by the applicant's representative, Mr. Innocent Michael. The respondent, appearing in person, opposes the application, citing a prolonged delay and a history of utilizing legal applications to frustrate execution processes. Mr. Michael, representing the applicant, stressed that the delay in filing the appeal was largely technical. He pointed out the series of events leading to the current application, involving attempts to file the appeal that were hindered due to missing proceedings in the record of appeal. i He argued that the delay was not due to the applicant's inaction but rather procedural obstacles faced in attempting to reinstate the appeal. He highlighted previous cases where similar technical delays were granted an extension in the interest of justice. The respondent countered by emphasizing the substantial length of the delay, outlining specific timelines where the applicant failed to meet deadlines. He made reference to previous instances where the court refused similar applications, expressing concern that the applicant habitually resorts to legal tactics to impede execution processes. The respondent cited instances where similar applications were dismissed due to the extended delay. Rejoining to the respondent's opposition, Mr. Michael reiterated the technical nature of the delays faced by the applicant. He contested the respondent's claims of abusing the court process, asserting that the applicant's actions were not intended to frustrate but to seek rightful justice. He stressed that the delay was due to technical factors, not deliberate inaction, and urged the court to consider the interests of justice in granting the extension. The Court has considered the arguments presented by both parties and reviewed the history of the case. The delay in filing the appeal has 2 indeed been substantial, totaling over nine years and involving a series of attempts to reinstate the appeal, each hindered by technical issues. The applicant's counsel maintains that the delay was due to technicalities beyond their control, specifically missing proceedings in the record of appeal, which impeded the progress of the case. While the respondent raises concerns regarding the extensive delay and the potential misuse of legal applications to stall the execution process, the Court does not find evidence of intentional abuse of legal processes on the part of the applicant. The applicant's attempts to navigate the complexities of reinstating the appeal were hindered by procedural challenges rather than intentional delay tactics. The Court acknowledges that the delay is extensive but notes that the nature of this delay appears to be primarily due to technical issues beyond the direct control of the applicant. The Court also recognizes the principle that justice should not be denied merely due to technicalities. Given the circumstances and the absence of evidence indicating deliberate abuse of legal processes, the Court grants the extension of time for filing the Notice of Appeal to the Court of Appeal of Tanzania, thereby allowing the applicant to pursue the appeal. The interests of justice weigh 3 significantly in favor of granting this extension considering the technical nature of the delay and the applicant's persistent pursuit of rightful justice. Therefore, the application for an extension of time to file the Notice of Appeal is granted. The applicant shall proceed with the appeal before the Court of Appeal of Tanzania within fourteen (14) days from the date of this order. It is so ordered. 31/10/2023 4