Judgment Joseph Sikukuu

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MANYARA AT BABATI PC CIVIL APPEAL NO. 9028 OF 2024 (Originating from the judgments in Hanang District Court through Civil Appeal No. 6 Of 2023 and from Katesh Primary Court in Civil Case No. 51 O f 2022) JOSEPH SIKUKUU TSAXARRA......................... APPELLANT VERSUS JULIUS SABAS TSAXARRA.......................... RESPONDENT RULING 24th & 24thJune, 2024 Kahyoza, J. Joseph Sikukuu Tsaxarra, the appellant, was a defendant before the primary court where he was adjudged. He unsuccessfully appealed to the district court. Still aggrieved, he appealed to this Court. Upon perusing the petition of appeal, I entertained doubts if the appeal was lodged on time. I called upon the appellant to address me if the appeal was on time. The appellant submitted that the appeal was lodged on time as the district court delayed to supply him a copy of the judgment. The law is settled that an appeal from a matter which originated from the primary court ought to be lodged within 30 days from the date of the judgment. Section 25(1) (b) of the Magistrates Court Act, [Cap. 11 RE. 2019] (the MCA) provides that- "25. -(1) Save as hereinafter provided- (a) N/A (b) in any other proceedings any party, if aggrieved by the decision or order o f a district court in the exercise o f its appellate or revisional jurisdiction may, within thirty days after the date o f the decision or order, appeal there from to the High Court; and the High Court may extend the time for filing an appeal either before or after such period o f thirty days has expired. " (Emphasis added) As the record bears testimony, the district court delivered the judgment on 14.3.2024 in the presence of the parties. The appellant lodged his appeal on the 24.4.2024. He was required to lodge his appeal within 30 days but he lodged it within 42 days. Thus, the appellant appealed out of time provided by law. The appellant's contention that he delayed to appeal as he did not get a copy of the judgment on time was a sufficient reason to support an application for extension of time but not a good reason for holding appeal out of time without leave to do. It should be noted that, for appeals originating from the primary courts, parties have no right to automatically deduct time spent to obtain a copy of the judgment or proceedings when computing the period within 2 which to lodge the appeal. Time starts ticking against the parties from the date of delivery of judgment and not from the date of receipt of the judgment. It is imperative for the party to appeal within 30 days for matters which originate in the primary courts. If that party finds himself unable to appeal within the specified time, he must apply for extension of time as provided by section 25 of the MCA quoted above. I find without hesitation that the appellant appealed out of the time prescribed of 30 days. Consequently, I dismiss the appeal and make no order of costs as the respondent did not incur any costs. I order accordingly. Judge. Court: Ruling delivered in the presence of the appellant. B/C Ms. Fatina present. John R. Kahyoza Judge. 3