In the matter of an intended appeal between Mbaruk Khamis and Abbas Mashoka and Ali Saleh Suleiman Ismail, E.A.C.A. Civ. App. 1-Z-65, 15/1/66, Saidi Ag. C. J.
The plaintiff had sued the two defendants for damages resulting when his son was killed in a motor accident involving their vehicles. The action was begun in 1962, and was ordered to trial in December, 1963. The trial was interrupted by the Revolution on 12 January 1964. The plaintiff then “left Pemba rather suddenly.” His library was confiscated, and “most of his files and office records were lost or destroyed,” according to his advocate’s affidavits. In his haste, he did not inform the defendants, or the insurers of the second defendant, about the progress of the suit. At the High Court’s second sitting in Pemba after the Revolution, in March of 1965, the trial began again, with the defendants appearing in person without counsel. The plaintiff obtained judgment for Shs. 10,000/-. The second defendant’s insurers were informed of this judgment only when the plaintiff’s counsel wrote, in May of 1965, to demand payment. They immediately retained an advocate, who prepared and filed this application for leave for the defendant to appeal out of time. Arguments were ultimately confined to the second defendant’s application.
Held: (1) “(T) his case has gone through exceptional circumstances in view of the consequences of the Revolution in Zanzibar … No one is really to blame for this long delay.”
(2) The insurers, “though not formal parties to the suit have special interest in it …….” Leave granted to appeal to the Court of Appeal within 30 days.
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