Court name
Court of Appeal of Tanzania
Case number
Civil Case 12 of 1995

Felix Tumbo Kissima vs Tanzania Tele- Communication Co Ltd & Another (Civil Case 12 of 1995) [1997] TZCA 2 (24 February 1997);

Law report citations
1997 TLR 57 (TZCA)
Media neutral citation
[1997] TZCA 2

Mfalila JA:
This is an application for leave to file the appeal out of time. The record shows that the applicant lodged the notice of appeal in time and engaged an advocate in the person of Dr Lamwai to pursue his appeal. Mr Ngalo has told this Court that the   G applicant then fully paid Dr Lamwai. But contrary to ethics, Dr Lamwai abandoned his client without doing anything about the appeal. Instead, he kept on doing nothing and in the end decided to tell lies to the applicant in his handwritten note of 18 May 1996. Since the applicant had already paid Dr Lamwai in full for his   H services, it was not possible for him to find another lawyer in the shortest time possible.
I am satisfied that the delay in lodging this appeal was caused by Dr Lamwai's conduct of misleading the applicant that he was attending to the matter when in fact he was not. In fact he was telling lies to his client. His note on the applicant's letter to him bears this   I

  A out. I am satisfied that this conduct is deplorable and tarnishes the image of the legal profession. If Dr Lamwai cannot be both politician and advocate, he should make up his mind to pursue one instead of conducting himself in this way. He has not even seen it fit to act the gentleman and refund the fees paid to him.
  B For these reasons, I am satisfied that the applicant has given sufficient reasons for delaying in lodging the appeal. The application is accordingly allowed, the applicant is granted leave to lodge the appeal within thirty days from today 24 February 1997. The costs to be in the cause.   C
1997 TLR p58