20061207 TZCA Dar es Salaam4

' . I I '"' IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM CIVIL APPLICATION NO. 68 OF 2006 SAIDI JUMA ALI ................. ~ ................................ APPLICANT I AND l YUSUFU SALEHE ................. l............................ RESPONDENT I I (Application for Restoration from the Decision of the High Court of Tanzania at Dar es Salaam) (Ihema, J.) i I th Dated the 18 ,day of June, 2004 I in Civil Appeal No. 50 of 2002 RULING: I 10 November & 7 December, 2006 I I MUNUO, l, A.: I I The applicant, Said Juma 'I Ali, engaged Mr. Maira, learned I advocate, to prosecute the application for leave to appeal to this I . I Court against the decision in Civil Appeal No. 50 of 2002 in the High I I Court of Tanzania at Dar es Salaa~ after the High Court, Ihema, J., ' as then was, rejected a similar application on the 18.6.2004. I . I I I I I I ' I 2 Upon the refusal of the application for leave to appeal in the I High Court on the 18.6.2004, the applicant unsuccessfully lodged I · Civil Application No. 83 of 2004 on the 5.7.2004 which was struck out \ by Nsekela, J,A. on the 21.10.2005 on the ground that the enabling provision of law was wrongly cit1. Thereafter the applicant lodged Civil Application No. 163 of 2oos ln the 25.10.2005 which was struck out on the 15.5.2006 for the reJson that it was time barred. As it was, counsel for the parties concbded then that the said application was time barred. Subsequently t~e applicant brought this application seeking restoration of Civil Applicltion No. 163 of 2005 alleging that I it is not time barred and it ought therefore to be determined on merit. Counsel for the applicant adopted the affidavit of Said Juma Ali, I deponed to, in support of the a~pplication. Mr. Maftah, learned counsel for the respondent, mainkined I that this application lacks I merit because Civil Application No. 83/2004 was filed out of time. 3 That is indeed the position. Ihema, J., as he then was, rejected the application for leave to appeal on the 30.4.2004, the same was delivered to the parties on the 18.6.2004. The High Court having rejected the application for leave on the 18.6.2004, the application for leave to appeal ought to have been filed in this Court fourteen days thereafter, that is by or before the 2.7.2004. As it was Civil Application No. 83 of 2004 was filed on the 5.7.2004 without extension of time so it was time barred. The period of limitation for appealing against the High Court Ruling started running from the 18.6.2004, not from the dates Civil Applications No. 83 of 2004, or No. 163 of 2005, were struck out. In that regard, the present application lacks merit. I accordingly dismiss the application with costs. Dated at Dar es Salaam this 2Jth day of November, 2006. E. N. MUNUO JUSTICE OF APPEAL. 4 I i .I I certify that this is a true coP,y of the original! Dated at Dar es Salaam this l day of DecemLr, 2006. I .I i I l I N. P. z. tj~A I I Ag. DEPUTY REGISTRAR I I I '' I' I j I ' ( I I f ! l I I I I i .i :l i