david maulid vs the republic 2023 tzhc 19551 24 july 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

AT TABORA MISC. CRIMINAL APPLICATION NO. 23 OF 2023 (From The District Court of Nzega at Nzega Original Criminal Case No. 74 of2021) DAVID S/O MAULID.......................................................APPLICANT

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

RULING Date: 24/7/2023 & 24/7/2023 BAHATI SALEMA, J.: Before this court, the applicant DAVID S/O MAULID prays to this court for an extension of time to lodge both the notice and petition of appeal against the decision of the District Court of Nzega and any other relief this honourable court may deem fit and just to grant. The application has been brought under section 361(2) of the Criminal Procedure Act, Cap. 20 [R.E. 2022] and it is supported by the affidavits of DAVID S/O MAULID. r It is deposed in paragraphs 3, 4,5, and 6 of the affidavit in support of the application that on 27/7/2022 the appellant gave the notice of appeal to the trial court as required by the law. On 06/12/2022 he received, from the trial court, appeal materials for him to be able to prepare his appeal to this honourable court which he did on 20/12/2022 and on 28/12/2022 was »** ’* 1 1 T w»’1 registered online. That, from that time until the time of lodging this application, he was not summoned to appear before this court to prosecute his appeal. He complained to the Admission Office at Uyui Central Prison on u the fate of his appeal and later inquired from the Deputy Registrar of this ■ V" Court who informed the office that his appeal together with others could not be registered on account of being time-barred. That, at the time of lodging he was justified on account of exclusion of time> by the

decision of the Court of Appeal of Tanzania in the case of The Director of Public Prosecutions Vs Mawazo Saliboko Shagi & 15 others, Criminal Appeal No. 38 of 2017. He was told by the Admission office that the available course of action for him is to restart the appeal process A afresh by making relevant applications for enlargement of time before this honorable court. 'a That, there is a point of law involved in the decision sought to be appealed against of sufficient importance with overwhelming chances of success touching on the propriety of the conviction in that the same was entered against the weight of the evidence adduced. $J 9 * That, he prays to this honorable court now be pleased to find that he ha§ adduced sufficient cause for the delay warranting to be granted extension of time as prayed. d When the matter was called on for hearing, the applicant was unrepresented while the learned State Attorney, Ms. Wivina Rwebangira learned State Attorney for the Republic. The applicant being a layman prayed to this court to adopt his affidavit to form part of his submissions. i: ■'•I In reply, the respondent supported the application. The respondent submitted that the applicant's affidavits in paragraphs 3,4,5,6 and 7 have provided sufficient reasons to grant the application. She prayed to this court to grant the application as prayed. In rejoinder, the applicant had nothing

more to add. Having carefully heard submissions from both parties, the issue is whether the application has merit. Section 361(2) of the Criminal Procedure Act, Cap. 20 [R.E 2022] providesb for the extension of time upon sufficient reasons. The court has gone through para 3,4, 5, and 6 of the affidavit and found that the applicant has shown sufficient reasons for the extension of time. As rightly conceded by the State Attorney, the applicant through his affidavit has adduced sufficient cause for his delay. Therefore, I hereby grant the application as prayed. The applicant is to lodgi a notice of appeal within 10 days and a petition of appeal within 30 days from the date of this ruling. Order-accQrdingly -a -at®’*1'» X r ch I» * ft (► A. BAH ATI SALE MA

JUDGE 24/7/2023 \ . . 7 - ■ Court: Ruling delivered in presence of both parties. 3 /SCU/Vf’ A. BAHATI SALEMA

JUDGE 24/7/2023 Right of Appeal fully explained. A. BAHATI SALEMA

JUDGE 24/7/2023 4