20141205 TZCA Zanzibar

IN THE COURT OF APPEAL OF TANZANIA AT ZANZIBAR CIVIL APPLICATION NO. 02 OF 2014 TANZANIA REVENUE AUTORITY . ................................................. APPLICANT VERSUS YUSUPH JUMA YUSUPH ............................................................ RESPONDENT (Application for an Order of Extension of Time, to file an application for stay of execution from the decision of the High Court of Tanzania at Zanzibar) (Mshibe, J.) dated 28th day of September, 2010 in Civil Case No. 19 of 2004 RULING 5 th December, 2014 MJASIRI, J.A: When the application was called on for hearing, Mr. Juma Beleko, learned advocate for the applicant asked the court to grant the applicant extension of time to file an applicatiQn for stay of execution. The ground for filing the application is the delay in obtaining the copy of the decree which is an essential document in an application for stay of execution. Tile 1 application is supported by the affidavit of Juma Beleko. Mr. Mkonje learned advocate for the respondent did not object to the application. Rule 10 of the Tanzania Court of Appeal Rules 2009 (the Court Rules) provides as under. "The Court may upon good cause shown, extend the time limited by these rules or by any decision of the High Court or tribunal, for the doing of any act authorised or required bythese rules, whether before or after the expiration of that time and whether before or after the qoing .of that act, and any reference in there rules to any such time shall be construed as a referenceto,that tirne as so extended" [Emphasis provided] What constitutes good cause cannot be laid down by any hard and fast rule. This depends on the prevailing circumstances of each particular case. · Having carefully gone through the notice of motion and the supporting · affidavit together with the submissions made by counsel for the applicant, I . am satisfied that he has shown good cause for granting the application . . . Indeed Rule 11(2) ( c) of the Court Rules requires an application for stay of execution to be accompanied by a copy of the decree. See East African 2 ' . t •• . Development Bank v Blueline Enterprises Limited, Civil Application No. 35 of 2003 CAT (unreported). Under the said Rules an application for stay of execution has to be filed within sixty (60) days. The decree which the applicant wants to appeal against, according to the applicant's affidavit was supplied to the applicant on 10th April, 2014 whereas the decree was issued on September 28, 2010, which is after the expiry of 60 days. Therefore on the strength of the affidavit filed in Court by the applicant and there being no objection from the respondent. (Mr. Mkonje has neither filed an affidavit in reply nor written submissions). 1 am satisfied that the applicant has shown good cause. For the reasons started here in above, .the application is granted as prayed. The application for stay of execution to be filed within fourteen (14) days from the date of deliver{of this ruling. I make no order as to costs. DATED at ZANZIBAR this 5th day of December, 2014. 3