Automated Summary
Key Facts
The case involves a dispute over trespass on farm No.2846 in the Bunju area of Dar es Salaam. The applicants (defendants) failed to file a written statement of defense within the time required by the Civil Procedure Code 1966 under Summary Procedure (O.XXV), resulting in a judgment against them. The applicants applied for leave to appeal out of time, citing their pursuit of an amicable political settlement which did not materialize. The judge granted the application, noting the serious nature of the land dispute and the likelihood of success for the appeal, requiring it to be filed within 30 days.
Issues
The court was asked to determine whether to grant leave to appeal out of time, as the Applicants failed to file their written statement of defence within the required period. The Applicants cited their attempt to resolve the dispute through an amicable political settlement outside the court as the reason for the delay, which ultimately did not materialize. The court considered the nature of the underlying trespass on land dispute and the procedural implications of the summary procedure under O.XXV of the Civil Procedure Code 1966.
Holdings
The court allowed the Applicants' request for leave to file an appeal out of time against the Resident Magistrate's judgment in Civil Case No.51 of 2003. The decision was based on the serious nature of the trespass dispute and the procedural constraints under the summary procedure (O.XXV of the Civil Procedure Code 1966), which required the Applicants to obtain leave to defend before filing their written statement. The court found the appeal had a 'very big chance of success' and directed the Applicants to file within 30 days.
Remedies
The court grants leave to appeal out of time, allowing the Applicants to file their appeal within thirty days from today.
Legal Principles
The court allowed an appeal out of time where applicants sought to resolve a land trespass dispute through political settlement before the trial court's summary procedure deadline, recognizing the serious nature of the dispute and the potential for a successful appeal.
Cited Statute
Civil Procedure Code
Judge Name
A. Shangwa
Passage Text
- Taking into consideration the fact that this is a serious dispute between the parties concerning trespass on land, and the fact that the plaintiff / Respondent's suit was filed under O.XXV of the Civil Procedure Code 1966- Summary procedure which means that the defendants / Applicantscould not defend the suit before obtaining leave of the trial magistrate to do so; I do allow this application for leave to appeal out of time. I think that their intended appeal against the proceedings and judgment of the trial Court has a very big chance of success. The Applicants should file their appeal within thirty days from today.
- This is an application for leave to file an appeal out of time against the proceedings and decision of the Court of the Resident Magistrate at Kisutu in Civil Case No.51 of 2003 in which judgment was entered in favour of the plaintiff / Respondent on grounds that the defendants / Applicants did not file their written statement of defence within time. The