The respondent sued the Appellants in the District Land and
Housing Tribunal through Land Application No. 43 of 2012. The application was
dismissed after the respondent had defaulted to appear. He unsuccessfully
applied for restoration of his case. No appeal or revision was preferred
thereafter against any of the two decisions. Instead, the respondent filed a
fresh case. When the same was called on for hearing, the Appellants herein
raised a preliminary objection to the effect that the respondent application
was res judicata. The trial tribunal overruled the preliminary objection
and ordered the matter to be heard on merits. The Appellants were dissatisfied
with that decision and preferred this appeal. As the judge was preparing the
judgment, he noticed that the appeal might be time-barred. It was also an appeal
from an interlocutory decision, rather than one that will finally determine the
case.