20011211 TZHC Mbeya

sv ~" ) ~C- 4,,;-~..,,,,~ ~""9- IN THE HIGH OOURT DF TANZANIA .,. AT MBEYA (PC) CIVIL 1\PPEAL NOw 61 OF 2001 . (From the deci'si'en of the"' District Court ·of Rungwe at ~~yu in Civil Appeal No. 3 of 200 _;qri~inal •.:.:..:e .......1···.\ •\_ Civil Case No. 31 of 1998 of Lupata Primru:-y Court) ANYAMBILILE MWAMAFUPA • o o • • • ~ • o ·• " • • a • • • 1\PPELLANT . VERSUS ~. ~ .. BROWN M\IJANGUNGULU ............ , ••••••••• RESPONDENT JUD8MENT ------ MACKAl'{.J:A.1 J. Brown Mwangungulu lost a suit ,he brought against ,.\J:iyambilile Mwam8:fu:p':1 in which he•r claimed , •· f a sum- of.., .Shs.200 " i" 1000.00 before the Lupata Primary Court i in Rungwe Distr~ct. He was undeterred, so he appealed before the District Court at Tukuyu,, The trial Primary Court delivered its unanip1qus decision on 30th November, -1999; the plaintiff having lost his:suit l was erititled to 1~ t_ ~. t ' / .., • appeal against that decision within thirty days from the date of the judgment. The E.R.v. number 07737176 which evidences the fees he paid when lodging the appeal is dated 7th February, 2000, which was sixty-seven.1 d§.y~ after the impugned de·cision was delivered,. Section 20 (3) of the Magistrates' Courts Act 1 1984, provides_.that an appeal frqm ~· ., a primary . ~ court. shall "' .· be filed before the District Court within thirty days from the date of the decision which is challenged.,, 3y simple computation the appeal before the District Court was filed thirty seven days out of time. It follows that that appeal and, consequently, the one before me are incqmp0tent. In the rosult;the appeal befnre the District Court and all orders that were made thereunder are quashed, 'rte appeal before me is dismissed on the same grounds. 'l'he decision of the trial primary court is upheld. The respondent shall have costs in this Gourt nnd in the two courts below. • 0 ./2 \ - 2 - The judgment shall be delivered by the Registrar on 3rd December, 2001 • .Sgq.., J. Ho MACKAl1JA • ' ,. j." :, 5" JUroE / '- ,°/ ; 1'1 ,l_:i 16/11/2001 Date: ,,, .. c.1'.· - ·••• ."° - .,' ~ ·r ' Appellant ) ) Both abs~nt/unservect·· · Respondent : ) · C/c. Kossam Order: ..--...--.-- Judgment reserved till 11/12/2001 • 3/12/2001 Coram: M. G. Mzuna, 1lg. D.R. For Appellant: ) ) Both absent .For Respondent:) C/C. s. Kasubiri .92.!ll't: Judgment read in open Court this 11th day of December, 2001 in the absence of the parties 0 Sgd. M. G. Mzuna, Ag. D.R. 11/12/2001 Certified true copy of the original judgment. • \1Jr:-; DISTRICT REGIL>TRAR MBE,'YA