The Appellant was the Defendant in a suit that was filed in the High Court of Zanzibar. The suit was determined ex parte on account of the Appellant’s alleged failure to enter appearance on the date of hearing. At the end of the trial, the High Court entered judgment for the Respondents/Plaintiffs. Dissatisfied with the ex parte order, he then applied to have the ex parte judgment and decree set aside. The trial High Court dismissed the application, hence this appeal. As soon as the appeal was scheduled for hearing, an advocate for the Respondent raised an objection that the appeal is incompetent for want of leave. The counsel for the Applicant readily conceded the objection but asked the Court of Appeal to extend time to allow him to file an application for leave and to refrain from ordering costs against the Applicant.

