19981028 TZHC Dodoma

IN TI-ill HIGH COURT OF TANZANIA

AT DODOMA flJISC. CRIMINAL ~.LIGATION 00. 8/98 HABIBU RAMADHANI ••••••••••••••• ,AFPLICANr Versus 1. SAIDI IKANDA ) 2. MOHAMED OMAR! ) TYfi!C!pQ_Nl)•f'i\1'T'S 3. · BILA.URI SAIDI SJU.]}lU) • • • • • • • • .ru!.,..;, ;.:,.LU 41 ,E_AKARI _SAIDI S/ill]!l ~ RULING· ..MSOFFE J.: 1 The applicant unsuccess.iully pr0&ecuted the respondents in the Primary Court at Jangalo in charge of cattle theft. :=-J made a first appeal to the District Court at Kondoa where i1e lost. He is ) stilJ di.satisfied and wishes to appeal to this Court. He is howe- ver aware that he- is time barred i:; appeal.ing and hence this appli.. · cation for enlargement of tirn~ to appeal. The application is, as usual, supported by an .stffidavit duly sworn by the applicant. In the affidavit and in his oral submissionn before this court, the applicant is alleging that he could not appeal in time because he fell sick of chronic malaria after the judgement of the District Court was deliveredo According to him, as a result of the sickness, he was admitted to Churuku. Health Centre where he got no better. Thereafter his father decided to send him to a witchdoctor who-treated him for a period of 8 months after which he got better. After recovery from the illness he went to District Court Kondoa and only to be told tl:.at he was late. in appealing. This application has no merit for the following reasons:- First, the period

during which the applicant claims to have been admitted in the Health Centre is not shown. Neither is there any medical evidence to show that the applicant was admitted to hospi- tal. One would have expected to see some medical chits showing when exactly the applicant was admitted to and discharged from hospital. What is more, the name of the witchdoctor is not stated, Indeed, even the name of the court clerk who attended the applicant at the District Court is not stated& .J : 2 : Second, in his oral aubmission to thi3 court, the applicant has admitted that although he was sick, there ware times when he went. to Jangalo Primary Court in connection with a civil case involving him and the 2nd .-r.espondent.If he could travel to the Primary Court, my view is that he could as well travel to the District Court and file his Notice of appeal in time. Third, I must confess that l have gone through the entire record. There is nothing to show from my perusal of the record that the iritended appeal has any chances:. of success. Like the two lower courts I am satisfied that the available evidence fell short of establishing beyond reasonable doubt that the respondents stole the applicant's two goats. The application is dismissed. -~~ J. Ho MSOFFE (

JUDGE 28/10/98 Dlivered this 28th day of October 1998 in the presence of the applicant and all the respondents. J.~E

JUDGE 28/10/98 .. :;- ·---.._--·, ::. :-, . .... - '·-...___ __