nzega town council vs edmund kileo charity hope lodge 2023 tzhc 18490 27 june 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA THE SUB REGISTRY OF TABORA AT TABORA MISC. CIVIL APPLICATION NO. 5 OF 2023 (Originating from Civil Case No. 9 of 2018 of Nzega District Court) NZEGA TOWN COUNCIL................................................... APPLICANT VERSUS EDMUND KILEO (CHARITY HOPE LODGE) RESPONDENT RULING Date: 21/6/2023 & 27/6/2023 BAHATI SALE MA, J.: This is an application for an extension of time to file the memorandum of Appeal attached with documents from the lower court. The application is made under section 14 (1) of the Law of Limitation Act, Cap. 89 [R.E 2019] and section 95 of the Civil Procedure Act, Cap.33 supported by the affidavit of the Applicant. The applicant was, during the hearing represented by Ms. Esther Mlayda (Nzega Town Council). She first adopted the affidavit in support of the application and prayed for an extension of time. In reply, the respondent's counsel Mr. Kelvin Kayaga did not contest anyhow. Having considered the Applicant's Affidavit which is not contested by the respondent. The only ground brought for the delay is the failure to attach 1 the copy of the decree at the same time with the Memorandum of Appeal as the said decree was out of reach of the applicant at the time. The applicant decided to file a Memorandum of Appeal without a decree of the lower court to keep up with the limitation of time on appeal matters. In the case of Lyamuya Construction Company Ltd vs Board of Registered Trustees of Young Women's Christian Association of i Tanzania, Civil Application No. 2 of 2010 CAT at Dar es Salaam where the Court of Appeal of Tanzania listed for consideration on applications for the u grant of extension of time: - (a) The applicant must account for all the periods of delay (b) The delay should not be inordinate. (c) The applicant must show diligence and not apathy, negligence or sloppiness in the prosecution of the action that he intends to take. (d) If the court feels that there are other sufficient reasons, such as the existence of a point of law of sufficient importance; such as the illegality of the decision sought to be challenged. Though no objection was raised by the respondent, reading paragraph 4 of the applicant's affidavit and guided by the above principle, I am convinced that the applicant has demonstrated sufficient cause for his delay. For that % reason, I hereby find it prudent to grant the application. No order as to costs. Order accordingly. 2 A. BAH ATI SALEMA JUDGE 27/6/2023 Court: Ruling delivered in presence of the applicant only. A. BAHATI SALEMA JUDGE 27/6/2023 Right of Appeal fully explained. A. BAHATI SALEMA JUDGE 27/6/2023 - • .......... . 3