20140304 TZCA Bukoba

IN THE COURT OF APPEAL OF TANZANIA AT BUKOBA CRIMINAL APPLICATION NO. 8 OF 2013 UMALO MUSA ................................•.......•................................... APPLICANT VERSUS THE REPUBLIC ...................................................................... RESPONDENT (Appeal from the conviction of the High Court of Tanzania at Bukoba) (Luanda, J.) dated the 29 th day of June, 2005 in Criminal Session No. 26 of 2000 RULING th th 25 February & 5 March, 2014 MUSSA, J. A.: The applicant was convicted for murder by the High Court sitting at Bukoba (Luanda, J; as h~ then was). His appeal to this court was dismissed on the 21 st May, 2009. By Notice of Motion, h~ presently seeks extension of time within which to lodge an application for the Review of the decision of the Court. The Notice is taken out under Rule 10 of the Court of Appeal Rules, 2009. To support the application is an affidavit duly sworn by the applicant which is supplemented by an affidavit of a superintendent of prison, namely, ASP Z. Tibwakawa. 1 I! • In the affidavit, the applicant depones that on the 28 th May, 2009 ·he· prepared a draft Notice of Motion, seeking the desired review. The draft Notice was submitted to prison authorities with instructions to transmit it to · the Registry of the Court of Appeal at Mwanza. Upon a follow up, he was, on the 15th February, 2014,suprisingly informed by the prison aut~orities . that the Notice of motion had been misplaced. By that time, the sixty days required within which to file an application for review had long elapsed, hence the present application. Each and every detail comprised in the applicant's affidavit is affirmed in the supplementary affidavit of the Superintendent of prison. . Before me, the applicant who. was unrepresented fully adopted the ' Notice of motion, as well as the two affidavits, without elaboration. It is noteworthy that the respondent Republic did not respond to coLJnter ·the two affidavits and, at the hearing, Mr. Paul Thomas Kadushi, learned State Attorney, did not oppose the application. Going by the uncontested factual setting the applicant diligently did ' ' all what he was required but could not lodge the desired application in time for no fault of his own. To this end,· the applicant has shown good cause . . -,. 2 ' .' .' and time is, accordingly, extended and the applicant should. file the · application within thirty (30) days from the date hereof. DATED at BUKOBA this 4 th day of March, 2014. K. M. MUSSA JUSTICE OF APPEAL I certify that this is a true copy of the original. Z.A. MARUMA DEPUTY REGISTRAR COURT OF APPEAL 3