Dr. Muro v National Institute Medical Research and Another (Order) (Civil Application No. 8 of 2016) [2016] TZCA 10; (26 October 2016);

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IN THE COURT OF APPEAL OF TANZANIA

AT MWANZA

CIVIL APPLICATION NO. 8 OF 2016

DR. ABRAHAM ISRAEL SHUMA MURO …………..…….…. APPLICANT

VERSUS

1.   NATIONAL INSTITUTE FOR MEDICAL RESEARCH

2.   ATTORNEY GENERAL ………………….….. RESPONDENTS

(Application for extension of time to lodge an appeal out of time from the decision of the High Court of Tanzania Labour Division at Mwanza)

(Nyerere, J.)

dated the 21st day of July, 2015

in

Labour Case No. 368 of 2009

……….

ORDER

RUTAKANGWA, J.A.:

When this application for extension of time to lodge an appeal out of time came before me for hearing, Mr. Chama Matata, learned advocate, appeared for the applicant and Mr. Lameck Merumba, learned State Attorney, and appeared for the respondents.

Mr. Merumba, conceded that the delay to lodge the appeal was caused by the fruitless attempts of the applicant to apply for leave to appeal against the decision of the High Court, Labour Division, on Area which is now fraught with uncertainties due to conflicting decisions of this Court.

I agree with Mr. Merumba. The failure to institute the appeal in time cannot be attributed to the applicant’s dilatory conduct. The confusion created in our conflicting decisions on the issue of leave to intending appellants in the position of the applicant, was the only contributing factor.

In the circumstances, I allow this application under Rule 10 of the Tanzania Court of Appeal Rules, 2009. The applicant to institute the appeal within sixty (60) days from today. Each party to bear his/its own costs.

DATED at MWANZA this 26th day of October, 2016.

E.M.K. RUTAKANGWA

JUSTICE OF APPEAL

I certify that this is a true copy of the Original.

P. W. BAMPIKYA

SENIOR DEPUTY REGISTRAR

COURT OF APPEAL