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IN THE HIGH COURT OF TANZANIA 
(DAR ES SALAAM DISTRICT REGISTRY) 
AT DAR ES SALAAM 
MISC. CIVIL APPLICATION NO. 90 OF 2004

ILALA MUNICIPAL COUNCIL	APPLICANT
VERSUS
KWEYAMBAH QUAKER	RESPONDENT

RULING

SHANGWA, J:

In arguing this application, learned Counsel for the applicant submitted that in view of the trial Court's errors, the intended appeal has overwhelming chances of success. In reply, learned Counsel for the respondent submitted that there is no evidence that the applicant's intended appeal has such chances.

On my part, I will not dwell on whether or not the intended appeal has overwhelming chances of success.. The success or failure of an appeal always depends on facts. I will only consider whether or not the applicant has reasonable cause for the failure to lodge the appeal in time. According to learned Counsel for the applicant, judgment was delivered in his absence and without notice. Learned Counsel for the respondent does not dispute the fact that when the trial court delivered its judgment, Counsel for the applicant was not present but he submits that his failure to appear on the date of judgment was due to sheer laxity and arrogance as he did not care to attend the court on the dates when the case was adjourned for judgment.

Normally, it is a duty of the court to issue notice to the party who fails to appear on a date fixed for mention, hearing or judgment. In this case, it appears that the applicant was not notified of the date when judgment was delivered. Even the copy of judgment itself does not show the date when it was delivered. This being the case, I think the applicant's failure to lodge its appeal within the statutory period of thirty days was occasioned by reasonable cause. Therefore, I allow this application and order that the intended appeal should be filed