civil decision 2024 NJIGA SIMIONE

THE JUDICIARY OF TANZANIA IN THE HIGH COURT OF UNITED REPUBLIC OF TANZANIA AT MWANZA LAND APPEAL NO. 000025426 OF 2023 NJIGA SIMEO(MSIMAMIZI WA MIRATHI YA TITO MATHIAS MPUYA) .............................. COMPLAINANT / APPELLANT / APPLICANT / PLAINTIFF VERSUS ANTONY CHOTA .............................. RESPONDENT / DEFENDANT RULING A. MATUMA, J, RULING When this appeal came for hearing, Mr.Kadaraja Learned advocate for the 1st and 2nd Respondents rose to argue two points of preliminary objection to the effect that this appeal was filed out of time because the appellants filed this appeal after extension of time in which they were required to lodge this appeal within 21 days form 20/10/2023 which expired on 09/11/2023 but this appeal was lodge on 13/11/2023 which was four days after the expiry date. Mr. Kadaraja submitted to this court a copy of print out of the judiciary filing system to show that this appeal was filed on 13/11/2023. He also argued that on 08/04/2024 the appellants obtained leave to amend the petition of appeal within 21 days but they filed the amended petition three months later. He thus argued that this appeal is in competent for having been filed contrary to the order of this court. Mr. Masoud Mwanaupanga learned advocate south leave of this court to peruse the judiciary filing system as he contended that this appeal was filed on 31/10/2023 and not 13/11/2023. I allowed his prayer and adjourned this case for ten minutes so that he brings evidence of such filing. We have waited for half an hour but the said advocate has disappeared altogether I thus required the appellants in person to respond against the objections but they all said they had nothing to submit and asked this court to wait their advocate. It is now running an hour, such advocate is nowhere to be seen. In that regard I take regard I take that the argument o advocate Kadaraja to the effect that the initial petition of appeal was lodged out of time has not been disputed. Page. 1 I have taken note of the print out and personally visited the judiciary filing database and I am satisfied that the filing date on the system is 13/11/2023 which makes this appeal to have been filed out of time. Again I agree with Mr. Kadaraja that on 8/4/2024 Hon. Justice Kamana granted leave to the appellants to file amended petition of appeal and effect service to the Respondents not later then 22/04/2024 but the amended petition was filed in Court on 5/07/2024 extremely out of the time given by this Court. In that respect both the initial petition of Appeal and the Amended petition of Appeal were filed out of time. As right submitted by advocate Kadaraja the remedy is to dismiss this appeal for having been filed out of time. I accordingly dismiss this appeal for having been filed out of the prescribed time limit. The appellants are condemned costs of the matter to the 1st and 2nd Respondents. It is so ordered. A. MATUMA Judge 29.10.2024 Dated at MWANZA ZONE this 29th of October 2024. A. . MATUMA, J JUDGE OF THE HIGH COURT Page. 2