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DF THE HIGH COURT' OF TANZANIA AT DAR zs- SALA.AH MISC. CIVIL CAUS_c] i.\TO. 48 :OF l984, _, - (FROM KIGUTU RM.CIVIL .CA_$E NO. 69 0i>l983) E,.K. M03SiiS . -DEF]JN"llb.NT ve·rsus ZilNA HASSJ:'_N· - ..,.. RESPONDENT RU L ING_ Before me is an appl~cation_for leave the appeal out of time to this court. The applicant was not represented and therefore did not cite the TGlevant l~w. I presume that the application falls und.er sec_tio::.1. 14 (I) of the Laws of Limitation, Act No. 10 of 1971., The Chamber Application is supported by an affidavits in wl:.ich applica1:.t l".ias recz,pi tutatod the sequence _ of events reaching to this application., In the ·Court of H.esident Magistrate at Kisutu one Zena Hassan, the plaintiff, respondent now, filed a suit against E.K. Moses, the defendant 9 2.r::i_:ilicant now. the suit was for, among other ordersp eviction from t1e sµit premises house No.15 along Marumba GtreGt at T£:u1dika. The pla_j_nt .was duly filed on the 16/6/83 The case came for firSt mentj_.o~ on the 14i7/83. The applicant had not been ser,10d., · Reservice·,,order was issued. The case came up for mention on the 11/8/83'~ date okaly set for the mention. There was anot;her reservice order and the case was set for m(mtio:n on the 22/9/83. The applicant was apparently served and appeared in pers00:- on the 22/9/83. The applicant was given an opportunity to file his written statement of Defence which was to be filed· on or before 25/10/83 ready_ for a mention on the 27/10/83. On the 27/10/83 the applicant was absent and the written.statement of defence was not filed. An order for exparte proof by oral evidence issued and the matter was fixed for a hearing on the 15/11/83 on the said 15/11/8:3 the matter was again adjourned to 16/11/83 the Magistrate on the said 16/11/83 heard the evidon~e of one witness, i.e. the respondent and adjourned for further hearing to the .29/ll/8;, No hearing took,'.)p)l..\ce on· the 29/il/83. ··-· ...... /2. 2 On the 1/12/83 deposi tio::1:.:: 01· the second witness were, taken and the matter w,w [:lGt for judgment on the 5/1/1984. Ex parte judgm,::nt was duly deliver-ed on the date. On the 24/2/1984 the respondent aJ)plied for an orJ.er for execution of the decree.. An ordGr was gI·anted. and the applicant was to be evicted from the suit premises. After the whole long period of absence the applicant appear_;d in court on the 25/2/1984 and it seems applied for a stay of the execution order. The leu.rned Pri.ncipal ~lsside:n:'c Iviag-j_strate, (PRM) Mr. Joseph Jviasanche granted tb.e order the stay the eviction order. The learned magistrate thereupon set a date, the I/3/ 1984 to be a hearing cl::.::.t-3 of tho applicant's chamber application to set set aside the ex :i,iarte judgment entered on the 5/1/1984. The Magistrate in no uncerta.:i.ns i terns went on to say and I quote 11 For the avoidance of doubt the stay of e:.ecution is 0 1:;~;~c·,:1.tive to 1/3/84 only, i·.rhen thG Una.mbor application will be h<.::ard.a On the 1/3/8£:- both ps.rtieG e1~.tGr0d a:p;,earance. The applicant on the mc.-:;.·kri,fi,l dst.~ made :_:, su.;J~;estion to have the hearing adj ourn0d t G ,:::a:r.ly ~fun::: on the grounds that he was proceeding on off ie;ial duty c.:,nd expected to be back at the end of _ May. The learned ?..osid.ent Ma,2,:i,strate, Mr.Chilonji. t!'~te/1 e.djournmtint without a reply or word from the respondent The record ,came to t11e notice of the :i?rincipal Resident Magistrate on the 22/3/84 when tile resJonddnt went to complain about the events of the Ist day of i•1arch, 1984 before Chilonji, llesid.ent l'fagiot:r.a.tc. < The Principal Reside:nt Nagistr:;,te remarked that his order of 25th February 1984 granting the stay of execution was limited to the Ist day of March 1984 and aeaondl.y that the respondent was not given an opportu.nity to reply to the ctPPlication for adjournment by th3 al)plican·i;. v/hile paying due respect to the order of Chilonji ~esident 1"18,eistrate, The Principal Resident lfagistrate went on to Jive otber reasons and dismissed the applicant's pr2.yer f S)r a hearing in June. The Order issued on the 24th FGbr.::ar:;, 1984 ,was reGtored.