The applicant went to the High Court in an attempt to
challenge the decision of the Magistrate’s Court of Mwanza but her appeal was
rejected for being time barred. The applicant believed that the High Court
Judge who made that order acted wrongly. She applied for a review of that
decision but another learned Judge taking the view that the order of the High
Court could only be rectified by way of an appeal to the Court, dismissed that
application for being misconceived.
As the applicant was, by that time, out of the statutory
time, she made an application for extension of time to lodge a Notice of Appeal
and apply for leave to appeal. She made that application in what is commonly
known as the first bite, but the same was refused by the High Court. This
application under rule 45 A (1) (b) (3) (3) and 48 (1) and (2) of the Court of
Appeal Rules, 2009, seeks to take a second bite. The application is, however,
resisted by the Respondent who took an affidavit in reply and filed a reply to
the written submissions.