mohamed omary others vs jutoram kabatele mahala juroram r kabatele 2019 tzhc 127 23 october 2019

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM PC CIVIL APPEAL NO. 112 OF 2019 (Arising from the decision ofKinondoni District Court in Civil Appeal No. 58 o f 2018 Hon. A.A. Mwingira, RM Originating from the decision o f the Primary Court in Probate Cause No. 166 o f 2017 H. Furutuni RM) 1. MOHAMED OMARI I 2. ZAHORO OMARI 3. KIDAWA OMARI 4. KAGENI OMARI .............................. APPELLANTS VERSUS JUTORAM KABATELE MAHALLA @ JURORAM R. KABATELE....................................... RESPONDENT RULING Date o f last Order: 21/08/2019 Date o f Ruling: 23/10/2019 MLYAMBINA, J. This is an appeal arising from the decision of the Kinondoni District Court in Civil Appeal No. 58 of 2018 delivered on 20th may, 2019. The respondent has raised a plea in limine litis to the effect that; the appeal is hopelessly time barred. In his oral submission the respondent told the Court that the impugned decision was delivered on 20th May, 2019. The 30 days appeal time expired on 19thJune, 2019 but the appellants lodged their appeal on 20thJune, 2019. The same was admitted on 21st June, 2019 which was a i delay of two days. The respondent, therefore prayed the appeal be dismissed with costs for being time barred. The 1st appellant in reply told the Court that they lodged their Appeal on 17th June, 2019 but the receipt was issued on 20th June, 2019. In view of the 1st appellant the appeal was lodged within time. From the submissions of the parties, it appears both parties are not in dispute that in terms of Section 25 (1) (b) of the Magistrates Courts Act an appeal from District Court to this Court has to be lodged within 30 days (Also, see the case of Dharau Mussa (Administrator o f the Estate o f deceased Abdaitah Saium Nkumba v. Mwema Mwinge (administrator of the late Atujuani Abdaiiah SaiumMkumba) Misc. Civil Application No. 565 of 2017 (unreported). Having gone through the records, I noted the instant appeal was lodged before the District Court Registry of Kinondoni on 20th June 2019. It was admitted on 21st June, 2019. As such, it follows true that the appeal is hopelessly time barred in terms of the provisions of Section 25 (1) (b) o f the Magistrates Courts Act (supra) In the events I hereby uphold the Preliminary objection and proceed to dismiss the appeal with costs for being hopelessly time barred. It is so ordered. Ruling delivered and dated this 23rd day of October, 2019 in the presence of the 1st appellant in person and in the presence of the respondents.