Gurtu Sirro v Republic

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

AT BABATI MISCELLANEOUS CRIMINAL APPLICATION NO. 18323 OF 2024 (Originated from Economic Case No. 08 of2023 in Babati District Court at Babati) GURTU SIRRO......................................................................................APPELLANT

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

RULING MIRINDO, J.: 24h September, 2024 Gurtu Sirro was convicted and sentenced by Babati District Court on 13 June 2023. He lodged his written notice of intention to appeal to the High Court on 14 June 2023. He was thereafter transferred to different prison camps and delayed in appealing to the High Court. He is now before this Court with an application for leave to appeal out of time. I have gone through the applicant's arguments, his supporting affidavit, the supplementary affidavit of the Babati District Prison Officer, Nahman Waziri Koko, and going through the arguments by the learned State Attorney, Ms Anifa 1 Ally for the Respondent, Republic. I am satisfied that the applicant has established good cause to be granted extension of time to appeal out of time. It is clear that the applicant lodged his written notice of intention to appeal on 14/6/2023 which has been filed in trial court's record. It is also clear that the applicant has been subjected to transfer to different prison camps as evidenced by himself and the prisoner officer in Babati District Prison. As correctly argued by the learned State Attorney, Ms Ally, these grounds constitute good cause for extension of time. This is clear from the decision of the Court of Appeal in Mwantandu Eliah v R, Criminal Appeal 477 of 2007. This position is also supported by the case of Nzeyimana s/o Zeno v Republic (Criminal Appeal 458 of 2007) [2013] TZCA 380 (19 April 2013) cited by the learned State Attorney, Ms Ally. For these reasons, Gurtu Sirro is granted extension of time to lodge his petition of appeal within forty-five days from the date of this Ruling. DATED at BABATI this 24th day of September, 2024 M. MIRINDO

JUDGE 2 COURT: Ruling delivered in chambers this 24th day of September, 2024 in the presence of the applicant in person and in the presence of Ms Anifa Ally, State Attorney for the Respondent, Republic. B/C William Makori (RMA) present. F.M. MIRINDO

JUDGE 3