20121204 TZHC Dar es Salaam

. "·• •. . .,, . ;_, ,-::_e 'r!...' :, \:... . t • •-• •,_ •• / ---..~ • . -- . . ~_>;· ~.• .. _~..... ---.~· IN THE HIGH COURT OF TANZANIA (LAND DIVISION) AT DAR ES SALAAM MISC. LAND CASE APPEAL NO. 31 OF 2010 (From the Decision of the District Land and Housing Tribunal of KIBAHA District at KIBAHA in Land Appeal No. 160 of 2008 Originating from TAMBANI Ward in Application No. 3 of 2010) SAID JUMANNE MATIMILO............................... .. . . . . . APPELLANT VERSUS ZAKIA HAMISI SELEMANI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RESPONDENT RULING A.F. Ngwala,J. In this Appeal the Respondent has raised an objection that the appeal to this court has been filed out of time. The Appellant, in Reply to the Objection stated that he appealed within the statutory period of 60 days. He averred that he filed a Notice of Appeal on 15/9/2009 and the Petition of Appeal on 02/02/2010. The records show that the judgment of the District Land and Housing Tribunal was delivered on 18/08/2009. The copies of Judgment and Decree were certified on 04/12/2009. The Records also show that the Appellant paid the fees for the copies of - Judgment and Decree on 04/12/2009. On 02/02/2012 the Petition of Appeal was filed in the District Land and Housing Tribunal as provided for by Section 38(2) of the Land Disputes Courts Act, [Cap. 216 R.E. 2002]. 1 Section 19 of the Law of Limitation Act [Cap.89 R.E. 2002] provides for exclusion of some periods in computation for limitation purposes. This provision excludes the period used to get hold of the copies of Judgment and Decree. As the principle provides, that is No appeal can be filed without the copies of Judgment and Decree, I am satisfied that the Appellant got hold of the necessary copies for an appeal on 04/12/2009, the day on which the copies were duly certified. By simple computation, the Appellant filed his Petition of Appeal on the 60 day after the copies of Decree and Judgment were certified. In my. considered opinion, the Appeal was filed within the prescribed period. The Respondent's Objections therefore are overruled. ~ , A.F. Ngwala, JUDGE, 4/12/2012. Delivered in Court this 4 th day of December, 2012. A.F. Ngwala, JUDGE, 4/12/2012. 2 04/12/2012. Coram A.F. Ngwala,J. For Appellant Present in person For Respondent Present in person Court: Ruling delivered in the presence of the parties. A.F. Ngwala;. JUDGE,· 4/12/2012. 3 . .,,_. .. ,