DOMINIC ISHENGOMA v. GEITA GOLD MINING LTD, CIVIL REFERENCE NO. 8 OF 2023

Abstract

Held: (i) The amendment of Section 5 of the Appellate Jurisdiction Act, through The Legal Sector Laws (Miscellaneous Amendment) Act No. 11 of 2023, removed the requirement for obtaining leave to appeal to the Court. (ii) The decision to grant an extension of time is at the discretion of the Court, as per Rule 10 of the Rules. (iii) A reference under Rule 62(1)(b) can only address issues that were raised and considered by the Single Justice. (iv) Illegality can be grounds for seeking an extension of time, only if the alleged illegality must be apparent on the face of the record and not something discovered after a prolonged process