binas mwani vs alex mweni 2023 tzhc 21503 3 october 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IRINGA SUB REGISTRY) AT IRINGA MISC. CIVIL APPLICATION NO. 26 OF 2022 (Arising from Misc. CiviiApplication No. 2/2022 o f the High Court o f Tanzania at Iringa before Hon. S.M. Kalunde, J, Civil Appeal No. 2/2020 o f the District Court o f Mufindi at Mafinga before Hon. A.E. Ringo, SRM, Original Civil Case No. 1/2017 o f the Primary Court o f Mufindi district at Mgololo before Hon. I.J. Munishi, PCM) BINAS MWANI ............................................. APPLICANT VERSUS ALEX MWEMI ............................................ RESPONDENT RULING 1st August & 3 d October, 2023 I.C. MUGETA, J: The applicant seeks leave to appeal to the Court of Appeal of Tanzania (CAT) against the ruling of this court in Misc. Civil Application No. 2 of 2022 refusing him extension of time. A brief background leading to this application as gathered from the record is that the applicant sued the respondent before the Primary Court for a claim of Tshs. 5,900,000/= as specific damages for the use of the applicant's saw blade. The trial court held in favor of the respondent and dismissed the applicant's claim. Page 1 of 3 His appeal to the District Court was dismissed. He could not timely appeal to this court due to sickness. He, thus, filed an application for extension of time to file his appeal out of time. Unfortunately, his application was dismissed as no sufficient cause was advanced. He, thus, filed this application. It is trite law that leave to appeal to the CAT is not automatic. It is granted on discretion of the court. Such discretion must nevertheless, be judiciously exercised per the decision in the case of British Broadcasting Corporation v. Eric Sikujua Ng'maryo, Civil Application No. 138 of 2004, CAT at Dar es Salaam (unreported). The Court stated:- "As a matter o f general principle, leave to appeal will be granted where the grounds o f appeal raise issue o f genera! importance or a novel point o f law or where the grounds show a prima facie or arguable appeal. ” The reasons upon which leave is sought are two. Firstly, that this court erred to hold that no sufficient cause was demonstrated to warrant grant of the prayer for extension of time. Secondly, that the decision to be appealed contain illegalities. Page 2 of 3 It is my view that the two grounds raises issue of general importance worth the attention of the Court of Appeal. I allow the application without orders as to costs. I.C. MUGETA JUDGE 03/ 10/2023 Court: Ruling delivered in chambers in the absence of both parties. Sgd. I.C. MUGETA JUDGE 03/ 10/2023 Page 3 of 3