20190819 TZHC Dar es Salaam 1

. ' ,'\ <,( IN THE HIGH COURT OF TANZANIA I;: (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM CIVIL REVISION NO. 5 OF 2017 (Arising from Civil Case No. 121 of 2008 at Resident Magistrate Court of Dar es Salaam at Kisutu) MUGISHA ENTERPRISES LIMITED ...................................... APPLICANT VERSUS CONSOLIDATED INVESTMENT (T) LIMITED ..................... RESPONDENT RULING Date of last order: 06 / 08/2019 Date of Ruling: 19/8/2019 NGWALA, J. On 18th July, 2017, Mr. Mbamba the learned counsel for the respondent raised a Preliminary Objection on Point of Law against this suit. That objection was premised on the fact that it was time barred. At the outset, when the matter came up for hearing before me, after the parties were addressed in terms of Order XVIII Rule 10 of the Civil Procedure Code [Cap. 33 R.E. 2002] that I was dealing with this revision proceeding taken down by the judge following his transfer to another duty station, Mr. Liganga, the learned counsel for the applicant conceded to the Preliminary Objection, that it was filed out of time. It was the prayer of Mr. Liganga that the Application be struck out without an order to costs. 1 ), i_ On the other side, Mr. Mbamba, the learned counsel for the respondent is of the view that this Application for Revision should be dismissed as per Section 3(1) of the Law of Limitation Act, [Cap. 89 R.E. 2002]. It therefore, followed that the effect of an Application filed out of time has to be determined by this court. In order to do so the court made reference to the effect of Application filed out of time as it was discussed by the Court of Appeal of Tanzania in the case of the Director of General of NSSF v. Consolata Mwakilasa Civil Application No. 329 of 2017 (unreported) Court of Appeal of Tanzania at Dar es Salaam. In this case it was decided that whenever an application is filed out of time the practice has been to strike it out. Similar position was observed in the case of Hezron Nyachiya v. Tanzania Union of Industrial and Commercial Workers & Another Civil Appeal No. 79 of 2001 (Unreported) Court of Appeal of Tanzania at Mbeya where the Court held that an appeal or Application filed out of time should be struck out. In view of the forecited decisions, this Application is hereby struck out, since the respondent acceded to the Application. The costs of the suit are waived. That is in the circumstances there is no order as to costs. A.:!:t:',.: JUDGE 19/8/2019 2 " 19/8/2019 Coram: Hon. Dr. A.F. Ngwala, J. - -Applicant: Present For Applicant: Mr. Davis Sixbeth Rweyemamu Respondent:Absent C.Clerk: Masasi Court: Ruling delivered in court in the presence of the Applicant and counsel Mr. Rweyemamu (Advocate) Court: Right of Appeal of Court of Appeal of Tanzania explained. A.F~ JUDGE 19/8/2019 3