20160916 TZHC Dar es Salaam 1

\_ V IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM PC. CIVIL APPEL NO. 70 OF 2016 ., (Originating from Morogoro District Court, Misc. Civil Applicant No. 4 of 2011) HADIJA SHABAN! MUYA ........................... ................ APPELLANT VERSUS SHARI FA KIZAE FOROGO .......................................... RESPONDENT RULING MURUKE,-1::_ This is a second appeal originating from Mtibwa Primary Court. The matter having gone through first appellate court was later filed on 15 th July 2016 vide exchequer receipt No. 9433784. It is worth noting that Ruling subject of this appeal was delivered of 15 t:h February 2016. Appeal before this court on the matter originating from primary court, time is provided by Magistrates' Courts /-\ct [Cap. 11 R. E. 2002] section 25 ( 1) (b) which read as fo!!ows:- Save as hereinafter provide 1n any other proceedings any party, if aggrieved by the dec:ijsion or order of a district court in the 1 \ • exercise of its appellate or revisional jurisdiction may, within thirty days after the date of the decision or order, appeal therefrom to the High Court; and the High Court may extend the time for filing an appeal either before or after such period of thirty days has expired. Though the above law avails discretionary powers to the court to enlarge time to appeal, either before or after expiry of the period of limitation; enlargement of time can only be sought in a requisite application. In the event law gives room for one to seek enlargement after expiry of limitation period, that accommodates the fate of late appeals where one can lodge an application to seek enlargement and avail reasonable or sufficient cause for the delay. Such extension of time cannot be automatically be assumed by parties unless a requisite application is properly sought through the appropriate forum. In the present case, Ruling sought to be challenged was delivered on 15 th February 2016. 30 days elapsed on 16th March 2016. Appeal filed on 15th July 2016, obvious appeal is out of time. In terms of section 3 of the law of Limitation Act, Cap. 89, any matter filed out of time, out to be dismissed. Accordingly appeal 2 • is dismissed. None of the parties appeared, thus no order as to costs. District Registrar to notify p Z. G. JUDGE 16/09/2016 Ruling delivered in the absence of both applicant and respondent. JUDGE 16/09/2016 3