RAJABU KADIMWA NG'ENI AND ANOTHER v IDDI ADAM 1991 TLR 38 (HC)

 

RAJABU KADIMWA NG'ENI AND ANOTHER v IDDI ADAM 1991 TLR 38 (HC)

Court High Court of Tanzania - Dodoma

Judge Mwalusanya J

5 March, 1991

Flynote

D Civil Practice and Procedure - Appeal - Leave to appeal out of time - Chance of

success of intended appeal.

-Headnote

This was an application for leave to appeal out of time. The delay was slight, about a

week. The Court E considered the prospects of success of the intended appeal in

order to grant the application or otherwise.

Held: Since the intended appeal has absolutely no chances of success the application

must fail.

Case Information

F Application dismissed.

[zJDz]Judgment

Mwalusanya, J.: The two applicants viz. Rajabu s/o Kidimwa Ng'eni and Stephano s/o

Singita are seeking leave G to appeal out of time to this court. The applicants was

resisted in person by the respondent Iddi s/o Adam.

The delay was slight, just about a week or so. If that was the only factor to consider, I

would have allowed the application. However in matters of this kind, the most

important matter to consider is the prospects of success of the intended appeal.

H In the case at hand, I find that the intended appeal has absolutely no chances of

success. It is clear from the evidence on record that the applicants decided to take the

law in their own hands in order to punish an alleged thief - the father of the

respondent. The father of the respondent was adjudged a cattle thief by a traditional

court I 'Baraza la Jadi' and thereafter the cattle of the respondent were attached to

compensate the one whose cattle were allegedly stolen.

1991 TLR p39

The trial court hold that the seizure was illegal and ordered the refund and some

consequential damages. A

I am satisfied that the trial court was correct. Under our Constitution only a court of

law can adjudge somebody to be a thief and award a compensation order. The

traditional court (Baraza la Jadi) has no such jurisdiction. Therefore the attachment

of the respondent's cattle was illegal. The trial court was right to make redress on the

B wrong done by the Baraza la Jadi.

Since the intended appeal had no chance of success, this application must fail. It will

be a waste of time to allow it. In the event, the application is dismissed with costs. C

Order accordingly.

1991 TLR p39

D