19951013 TZCA Dar es Salaam

IN THE· COURT OF APPEAL OF TANZANIA AT ·DAR ES SALAAM ·. (CORAM: OMAR, J .A. 2 I:lliZAVAS, J .A., And LUBUVA, J .A.) CIVIL APPEAL NO. 27 OF 1995 BETWEEN UMOJA G.AR.AGE LIMITED •.•........••.. · APPELLANT AND NATIONAL BANK OF COMMERCE o••oo•••o• RESPONDENT (Appeal from the judgment of the High Court of Tanzania at Dar es Salaam) (Mrema, J.) dated ·the 13th day of October, 1994 - in Civi1 Case No. 23 of 1993 RULING OF THE COURT When this appeal car.o.e up for hearing Mr. Uzanda, learned ·l \ , , Counsel for the respondent, raised a preliminary objection t~ the effect that the appeal before the Court was time barre4 and· asked the Court to dismiss it as incompetent. Mr. Lu.kwaro; le~rned Counsel for the. appellant conceded that the appeal has beep lodged out of time 'and blam~d t~e High C_ourt for i~suing a cert.ificate under rule 83 (1) of the Court· of Appeal Rules exempting the appellant the days between 9/3/95 and 13/6/95 Which da;y:s th~ Regist~ar said were· re~uired by appellant is advo~ate . . . to prepare . copy of proceedings and rulingo· He argue~ that . •. : _.,.. C •,. ,, ~ '; ... ,. ·\ : '·:_ );?flt ·· . .. ' .....· ,.· ~ ' .. ,.,, . ·. - 2 - the Regist:ra~ .erred in ref erring to a ruling and not the. judg~ment dated 24/10/94 which was being appea1ed against. With respect ·to i'1r. Lukwaro, learned Counsel for the · appell_ant; it is re,ther late in the day for him to challenge the authenticity of the record of proceedings bearing in mind that the leameu Counsel issued· a certificate to the effect that the record is a true copy of the proceeding Had the learned counsel been more thorough in his scru:triny,-of the record he would no doubt have detected the glaring error by the Registrar r0flected on the Certificate which talked about the ruling dated 15/2/95 instead of the ·judgement _,:- The position·now is that· the.. certificate of the Registrar under rule 83 ( 1) of the Court of Appeal Rules is not in Tespect of the judgement.dated 24/10/94· which is being appealed against but in respect of the ruling dated 15/2/95 which is not being appealed against. ~ t being the position \Ve, with respect to Mr. TJzand:a, learned counsel for the applicant/respondent~ agree that the appeal before us is hopelessly out of :ti.me. The appeal .is accordingly struck out as incompetent under :rule 82 of the Court of Appeq.l Rules. DATED at DAR ES SAL.A.AM this 13th day of October, 1995. A.IYI. A. OM.ill. JUSTICE OF .APPEAL N. S. 1lll'TZAVAS JUSTICE OF .APPEAL D. ·Z. LUBUVA . JUSTICE·OF .APPEAL- I ·certi~y that this is a·:-:~~e. copy o:f the original.