Hassanali Mohamed Kermali v. Khaku Rajpar & Co., Civ. App. 13-Z-67, 7/3/68, Kimicha Ag. C. J.

 Hassanali Mohamed Kermali v. Khaku Rajpar & Co., Civ. App. 13-Z-67, 7/3/68, Kimicha Ag. C. J.

An exparte judgment was entered against the defendant for Shs. 4,300/- by a Resident Magistrate. His application before a different Resident Magistrate, to have the ex parte judgment set aside, was refused. The defendant then appealed both against the ex parte decree and against the order refusing to set it aside. Submitted with the appeal was the original judgment against the defendant, but no copy was submitted of the order refusing to set aside the judgment. The defendant conceded that the appeal was time-barred, but sought the indulgence of the High Court to hear his appeal. The defendant is an advocate practicing in Mwanza; the high Court however, did not rely on that fact in rendering the decision.

Held: (1) Order 46, rule 1(2) requires that a certified copy of an order being appealed from must be annexed to the memorandum of appeal. (Citing Kotak, Ltd. v. Kooverji, (1967) E.A. 349). Thus the appeal from the refusal to set aside the judgment was incompetent. This claim was also time-barred by 6 days.

            (2) This leaves only the appeal from the original judgment, which is time-barred by 31/2 months. No reason was given by the defendant to explain his dalliance. Permission to appeal out of time refused. Appeals dismissed.