This is an application for extension of time to apply for
leave to appeal to the Court. The applicants’ first application was refused by
the High Court. This, therefore, is a second bite, made under rule 10, 47, 48
(1), (2), 49 (1) of the Court of Appeal Rules, 2009 as amended.
The applicants’ counsel took an affidavit in support of the
application and filed written submissions, both of which he adopted on the date
of the hearing. Jane Jonathan, the legal representative of the late Simon
Mperasoka, the original Respondent entered appearance in person. What comes out
from the affidavits and written submissions is the following story; The
Respondent successfully sued the applicants in the Resident Magistrates’ Court
of Dar es Salaam at Kisutu. The applicants’ appeal to the High Court was partly
successful but they were still aggrieved.
The applicants applied for leave to appeal to the Court but
that application was struck out for not being accompanied by the judgment and
decree of the High Court. Thus when the applicant obtained copies of those
requisite documents they had missed the boat because time was not on their
side. They applied for extension of time within which to apply for leave but as
already indicated, that application was refused. Hence this application.