tender internationa co ltd vs triple s co ltd 2024 tzhc 242 9 february 2024

IN THE HIGH OF THE UNITED REPUBLIC OF TANZANIA (SUMBAWANGA DISTRICT REGISTRY)

ATSUMBAWANGA MISC. CIVIL APPLICATION No. 08 OF 2023 {Originated from the Civil Appeal No. 17 of2023 of the High Court of Tanzania atSumbawanga) TENDER INTERNATIONAL CO. LTD...........................APPELLANT

VERSUS TRIPLE 'S' COMPANY LTD............. ...... ;........^....yRESP<5^DENT

RULING 22/12/2023 & 09/02/2024 MWENEMPAZI, J.: In this Application at hand, the applicant seeks leave of this court to appeal to the Court of Appeal of Tanzania against the decision of this court before the first appellate Judge A. A. Mrisha dated the 07th of September, 2023 in Civil Appeal No. 17 of 2023. According to the Chamber Summons as filed by the applicant, this application is brought under Section 5(l)(c) of the Appellate Jurisdiction Act and rule 45(a) of the Tanzania Court of Appeal Rules Cap. 141 R. E.

2019. In his affidavit, the applicant stated that there are serious questions of law and facts worthy the attention and adjudication of the Court of Appeal. i When this application came up for hearing on the 22nd of November, 2023 the counsel for the applicant was not present but the counsel for the respondent was present, Mr. James Lubus learned Advocate and he did hold brief for the counsel for the applicant. In which, as he addressed this court, he submitted that he has discussed with his colleague as they represent the respondent and they decided not to object this application. As both sides did not make any submissions to this application, it is the decision of this court that awaits at the shore. ,? Nevertheless, I should point out that this application has been overtaken by event and it is: no longer tenable, as.there is an amendment of section 5 of the Appellate Jurisdiction Act, Cap 141 (the AJA) brought by section 10 of the Legal Sector Laws (Miscellaneous Amendments) Act No. 11 of 2023 which came into effect on the 1st of December, 2023. ,; For us to be on the same page, I will reproduce the amendment concerned as hereunder: "Sec 10 The principal Act is amended in section 5 (a) By deleting subsection (1) and substituting for it the following: "(1) In civil proceedings, except where: any other written law provides otherwise, an appeal shall He to the Court of

Appeal 2 against every order or decree, including an ex-parte or preliminary decree made by the High Court, in the exercise of its original, appellate or revisiona! jurisdiction" Clarifying the above extraction is that, the changes of the law have done away with LEAVE requirement for one to appeal to the Court of Appeal against the decision of the High Court regardless of whether the impugned decision is an order, decree, an ex-parte decree or a preliminary decree when exercising its original, appellate or revisional jurisdiction. In other words, obtaining leave has ceased to be a requisite before one can appeal to the Court of Appeal effectively on the 01st of December, 2023. These changes, being procedural law which its applicability has a retrospective effect, it has a bearing to this application at hand in my considered holding. As such, the only remedy is to strike out this application as I hereby do, and I make no orders as to costs as the move was caused by the operation of the law. It is so ordered. Dated and delivered at Sumbawanga this 09th day of February, 2024.