Adamu Isaya v R

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MANYARA

AT BABATI MISCELLANEOUS CRIMINAL APPLICATION NO. 29872 OF 2024 (Arising from Criminal Case No. 14217 of 2024 of the District Court of Hanang’ at Katesh.) ADAMU ISAYA ........................................................................APPLICANT

VERSUS THE REPUBLIC ...................................................................RESPONDENT

RULING 11th and 13th December 2024 MIRINDO, J.: Adamu Isaya was convicted on his own plea of guilty by Hanang’ District Court and duly issued his notice of intention to appeal to the High Court at Babati but delayed in lodging a petition of appeal. He is now applying for extension of time to appeal to this Court. He was represented by Mr. Filemon Maige, learned Advocate. Mr. Raphael Rwezahula, learned State Attorney represented the respondent Republic. The applicant’s counsel filed a letter to this Court asking for bail pending extension of time. At the hearing of the application for extension of time, Mr Maige fumbled on the legal status of the letter in view of the provisions of section 392A of the Criminal Procedure Act [Cap. R.E 2022]. Mr. Rwezahula argued that there was no application for bail before this Court. It is my view that there is no formal application for bail consideration. 1 As to the application for extension of time, Mr. Rwezahula, learned State Attorney, had no objection. Mr. Maige, learned Advocate pointed out different illegalities relating to the charge and the plea of guilty. Having examined the proceedings of Hanang’ District Court, I am satisfied that there are apparent illegalities relating to the plea of guilty. Accordingly, the applicant, Adamu Isaya, is granted extension of time to lodge an appeal to the High Court within 45 days from the date of this ruling. DATED at BABATI this 13th day of December, 2024 F.M. MIRINDO

JUDGE COURT: Ruling delivered in chambers this 13th day of December, 2024 in the presence of the applicant in person and in the presence of Advocate Ms. Fides Mwenda holding brief for the applicant’s counsel, Mr. Filemon Maige and in the presence of Ms. Rose Kayumbo, State Attorney for the respondent Republic. B/C: Ms. Anna Mathayo (RMA) present. COURT: Right of appeal explained. F.M. MIRINDO

JUDGE 2