Court name
Court of Appeal of Tanzania

Shembilu Shefaya vs Omary Ally () [1992] TZCA 36 (20 August 1992);

Law report citations
1992 TLR 245 (TZCA)
Media neutral citation
[1992] TZCA 36

Ramadhani, J.A.: The applicant, Shembilu Shefaya, was sued by the respondent, Omari Ally, in Dochi Primary Court and won the case. So Omari appealed H successfully to the District Court of Lushoto. Then Shembilu, the applicant, appealed to the High Court but without success. He now wants to appeal to this Court.
The judgment of Mr. Shungu, Principal Resident Magistrate (Extended Jurisdiction) was read over to the applicant in Lushoto District Court on 13/12/1989. However, the 14 I days in which he

was to file his notice of appeal elapsed without his doing so. A
The applicant then filed an application in the High Court for extension of time to file a notice of appeal. that application was dismissed by Mushi, J. because "ill health without elaboration cannot amount to a good reason for extending time to file notice of appeal ... after a delay of about five months." B
The applicant has come to this Court with the same prayer for extending time to file a notice of appeal. His affidavit in support of this application does not provide the elaboration which was wanting before Mushi, J. Even at the hearing he merely insisted that the disease he had was not one for hospital treatment and that the local doctors C could not be available to bear witness to that fact. Now, that, as properly points out by the respondent in his counter-affidavit, could be alleged by any body with impunity. For court work we need something more than excuses.
Then the applicant merely attacked Mushi, J. that the period which elapsed between D the decision and the filing of the application was not five months but fifty days. But fifty days is neither a short period nor excusable.
No sufficient reason has been given for the delay and as such I cannot see any reason E for enlarging time. The application is dismissed with costs.
Application dismissed.

F
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