The applicant was a successful party in suit filed in the High Court, Tanga. Dissatisfied by the decision of that Court which was pronounced on 19/12/2006, the Respondent, a losing party, lodged a Notice of Appeal with the Registrar of the same court on 22/12/2006. In terms of rule 83(1) of the revoked 1979 Tanzania Court of Appeal Rules (the old Rules) which is similar to the current rule 90(1) of the Tanzania Court of Appeal Rules, 2009 (the Rules), the Respondent was supposed to institute the intended appeal within sixty (60) days of the date when the Notice of Appeal was lodged, which she did not. While submitting on the merits of the application, Counsel for applicant took the position that his client, the applicant, was not served with the Notice of Appeal lodged by the Respondent with the Registrar of the High Court on 22/12/2006