20161125 TZHC Dar es Salaam1

" IN THE HIGH COURT OF TANZANIA DAR ES SALAAM DISTRICT REGISTRY AT DAR ES SALAAM CIVIL APPEAL NO. 198 OF 2016 (Appeal originated from the Judgment and Decree of Kisutu Resident Magistrate's Court, in Civil Case No. 272 of 2009) YASSA GENERAL SUPPLIES LIMITED .......... 1 sT APPELLANT ABOUBAKARI AHMED HASSAN .................. 2No APPELLANT VERSUS JACQUELINE MALEO., ...... ~ ........................... RESPONDENT RULING MURUKE, J. When this appeal came for hearing, court raised suo moto issue of time limitation. This Civil Appeal originates from Kisutu Resident Magistrate's Court, in its original jurisdiction. Time prescribes by Law of Limitation act, part II Item No. 1 to the first schedule of law of limitation is 90 days~ Judgment sought to be challenged was,delivered on 31st December 2013. Current appeal was filed on 27 th October 2016, vide exchequer receipt No. I 11999714. It is not in dispute that, in terms of section 19 (2) of the Law of Limitation act Cap. 89, the law provides for exclusion 1 of the requisite time used to obtain copies of Judgment and Decree. It reads:- "(2) In computing the period of limitation prescribed for an appeal, an application for leave to appeal, or an application for review ofJudgment, the day on which the Judgment complained of was delivered, and the period of time requisite for obtaining a copy of the decree or order appealed from or sought to be reviewed, shall be excluded✓, The question to be answered is whether exclusion of period of obtaining the Judgment and Decree can be dealt in the appeal. Section 14(1) of the 1 ;, Law of Limitation Act (Supra) provides:- "{l) Notwithstanding the provisions of this Act the court may, for any reasonable or sufficient cause, extend the period of limitation for the institution of an appeal or an application, other than an application for the execution of a decree, and an application for such extension may be made either before or after the expiry of the period of limitation prescribed for such appeal or application'~ Though the law avails discretionary powers to court to enlarge time to appeal either before or after expiry of the period of limitation; enlargement of time can only be sought in a requisite application. In the event law gives room for one to seek enlargement after expiry of limitation period, that accommodates the_ fate of late appeals where one can lodge an application to seek enlargement and avail reasonable or sufficient cause for the delay. Such extension of time cannot be automatically be assumed by parties unless a requisite application is properly sought through the appropriate forum. 2 In the circumstances, appeal is struck out. Preliminary objection being raised by the court, each parties to bear, own costs. JUDGE ·25/11/2016 Ruling delivered in the absence of appellant and respondent. JUDGE 25/11/2016 3