You are representing a losing party who wishes to appeal against a final judgment delivered by the District Court of Kinondoni in its original civil jurisdiction. What is the proper appellate procedure, and what time limits apply?

You are representing a losing party who wishes to appeal against a final judgment delivered by the District Court of Kinondoni in its original civil jurisdiction. What is the proper appellate procedure, and what time limits apply?

Answer: Where the District Court has exercised original civil jurisdiction, the proper appellate procedure is governed by section 80 of the Civil Procedure Code, Cap. 33 R.E. 2023. The appeal lies to the High Court and must be filed by way of a memorandum of appeal. The memorandum should clearly state the grounds of appeal and be accompanied by a certified copy of the judgment and decree. As to limitation, the Law of Limitation Act, Cap. 89, R.E 2023 Item 1 of Part II of the Schedule, requires that such an appeal be filed within 90 days from the date of the judgment or decree. If filed out of time, an application for extension under section 14 of the Limitation Act must be filed and granted first. The appeal is filed directly in the High Court, and the court may issue further directions including stay of execution, if applied for under Order XXXIX Rule 5 of the CPC.

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