Automated Summary
Key Facts
The Applicant seeks an extension to lodge a notice of appeal and apply for leave against a 2018 court decision. The Applicant claims technical delays in prosecuting a withdrawn application (Misc. Land Application No. 920/2018 and Civil Appeal No. 292/2021), while the Respondents allege negligence. The Court granted the extension for the notice of appeal but struck out the application for leave to appeal, as the 2023 Legal Sector Laws (Miscellaneous Amendments) Act removed the requirement for prior leave in civil appeals.
Issues
- The court considered the impact of the Legal Sector Laws (Miscellaneous Amendments) Act No. 11 of 2023, specifically the amendment to section 5 of the Appellate Jurisdiction Act (effective 1/12/2023), which removed the requirement for leave to appeal in civil proceedings. This rendered the applicant's leave to appeal application overtaken by events, as referenced in cases like Modestus Daudi Kangalawe and Petro Robert Myavilwa.
- The court addressed whether Asha Waziri's technical delay in prosecuting an application for leave (Misc. Land Application No. 920/2018 and Civil Appeal No. 292/2021) justifies an extension of time to appeal the 28/11/2018 decision, considering the notice of appeal was filed on 5/12/2018 but withdrawn on 20/08/2023.
Holdings
- The court determined that the Applicant's technical delay in prosecuting the appeal was justified, as all filings were submitted on time. However, the application for leave to appeal became moot following the 2023 amendments, which eliminated the procedural requirement for leave in civil cases, rendering the application unnecessary.
- The Applicant was granted an extension of time to lodge a notice of appeal within fourteen days from the date of the ruling. The application for leave to appeal was struck out as it was deemed overtaken by events due to amendments in the Appellate Jurisdiction Act, specifically section 5 amended by The Legal Sector Laws (Miscellaneous Amendments) Act No. 11 of 2023, which removed the requirement for leave to appeal in civil proceedings.
Remedies
- The Applicant is granted an extension of time to lodge notice of appeal within fourteen days from the date of the ruling.
- The application for leave to appeal is struck out as it is overtaken by events.
Legal Principles
The court ruled that the application for leave to appeal was overtaken by events due to the 2023 amendment to the Appellate Jurisdiction Act (section 10). This amendment, effective 1 December 2023, deleted the requirement for leave to appeal in civil proceedings, making such applications unnecessary. The decision cited cases like Modestus Daudi Kangalawe and Petro Robert Myavilwa to support this interpretation of the new law.
Precedent Name
- Petro Robert Myavilwa vs Zera Myavilwa & Another
- Vodacom Tanzania Public Co. Ltd vs Commissioner General (TRA)
- Modestus Daudi Kangalawe (Administrator of the Estate of the Late Daudi Temaungi Kangalawe vs Dominicus Utenga
Cited Statute
Appellate Jurisdiction Act, Cap 141
Judge Name
E.B. LUVANDA
Passage Text
- The Applicant is granted extension of time to lodge notice of appeal, within fourteen days counting from the date hereof. The application for leave to appeal is struck out for being overtaken by event.
- In view of the fact that this application was filed on 6/09/2023 being almost sixteen days from the withdrawal on 20/08/2023, it is taken therefore that the Applicant managed to account cumulatively for the whole period of delay from 5/12/2018 when the notice of appeal was filed to 20/08/2023 when the appeal and notice of appeal was withdrawn.
- As alluded to earlier, the application at hand seeks for extension of time to apply for leave to appeal to Court so as to challenge the decree of the High Court when exercising its appellate jurisdiction in Probate Appeal No. 1 of 2018. The changes, being procedural law which its applicability has retrospective effect, has a bearing to the application at hand in my view. As rightly submitted by Mr. Chappa, leave is no longer a requirement at the wake of the said amendment.