Halima Mohamed vs Registered Trustees of The great Commission church of Tanzania., misc land Aplication no 57 of 2023.

This is an application for extension of time to file an appeal. The record 

shows that the District Land and Housing Tribunal (the DLHT) delivered its 

judgment on 25. 5. 2023. Aggrieved, Halima Mohamed, the applicant wrote a letter to request for the certified copy of the judgment. She contended that she obtained the copy of the judgment after the time to appeal expired. She instituted the current application.

The issue is whether the applicant has adduced sufficient reason for delay. The applicant’s ground for extension of time is that the DLHT suppliedhim the copy of the judgment after time to appeal had expired and thejudgment lacks points for determination.

After long argunent with authorities the court hac thos to say:

The record bears testimony that, before the applicant filed the application for extension of time, she had spent five days and remained with 40 days within which to appeal. I will extend time for 40 days, which was

remaining the time within which to appeal for the applicant to lodge the appeal. 

I wish to remind the applicant’s advocate that time starts running for the date a person obtains a copy of the judgment or when the judgment was ready to be collected. And that time spent to obtain a copy of the judgment

is automatically excluded while determining time within which to appeal. See

the holding of the Court of Appeal in Mohamed Salimini v. Jumanne Omary Mapesa, Civil Appeal No. 345 of 2018 (unreported) and Alex Senkoro And 3 Other v. Eliambuya Lyimo {As Administrator o f the Estate o f Frederick Lyimo, Deceased) Civil Appeal No. 16 of 2017 CAT (unreported).

In the latter case, the Court of Appeal held-

“We entertain no doubt that the above sub-sections expressly allow automatic exclusion o f the period o f time requisite for obtaining a copy o f the decree or judgment appealed from the computation o f the

prescribed limitation period. Such an exclusion need not be made upon an order o f the court in a formal application for extension o f time.

In the end, I allow the application, as time within which to appeal had 

not expired. I extend time for 40 days which was the period pending within 

which to appeal from the date of this Ruling. I make no order as to costs.

I order accordingly