19720926 TZHC Arusha2

vOL A7. IN THE HiGH COURT OF TI4NZAi.IA AT UHA APPELLPTE JURISDI(JTICN HIGH CCU.T CRiMINAL APP fit I0. 207 OF 1972 ORIGINAL CRIMII\;AL CSE IC. 625 0 1972 GE IHE RM'S CCTJ2T CF iOSJ DISi.RIC 1t AT 11CSH1 Before C.G. Mtenga ---------------- - ---- Resideit Mrigistrate Hemchand s/c Ladiia Dhanani AppelLnts Bharakumar Hermchand Dharini (Original Accused) versus THE REPUBLIC --------------- Respond ant (0ri'inal Pros.) CHE: Being unlawful present within Tanzania c/s 26 (i) (j) of imigration Act No. 8 of 1972, 4 Patel, Ag. J. J U BG MBN T in this appeal both the appeJ.lants appeal riot against conviction or sentenoe but against the order of trial court which said they snould leave Tanzania within seven days of the date of making tue said order. Both appellants are British Subject-Asians at Moshi. Then permi± to stay in Tanzania ex.ired on 13/3/72. They had applied for a voucher to the British High Commissioner at Bar es Salaam to enaule them to go to U.K. but they failed to get it in time. New permit was granted to them which expired on 13/5/72 and by that time they failed to Cet tha vouchors in spite of their determined effors. On 15/5/72 they were send with a notice of 'Prohibited lmmigrants' and were later brought to court for staving unwlafully in Tanzania. On 14/7/72 they were convicted for the said offence and sentenced to a fine of skis. 400/-. Trial magistrate I in addition ordered that joth sho. ld leave Tanzania within a week of the da+e of this order. Hence this appeal againat this order. Mr. Trivedi for appellants submitted that time be extended till the end of October, 1972 oy which time appellants feel certain to get the vouchers to go to U.K. Mr. Kinabo for the Republic submitted that the apeilants be given two weeks and no more. 1 have carefully considered all factors connected with this matter. Thare is no doubt that the aopellan±s areviotims of international tensions and politics. They are keen to go away out are unable to do so till they get the necessary couchers from the British High Commissioner. Republic does not oppose their request for extention of time but says they should be given two weeks and no more. This is extremely fair offer. Mr. Trivedi said time be extended till end of October, 1972. Thus Mr. Trivdi is asking for time more weeks than what is offered by the Repuolic. Considering all factdrs -1 am of the opinion that three more weeks would do no more harm to anybody and would certainly more just, fair and humane to the appel1ans. After all they too are not interested to stay a day longer than is necessary in Tanzania. For these reasons 1 alloy the appeal and hereb order that the appellants be allowed to stay in Tanzania till 31st October, 1972. it is hopedt.hat b' the end of October they wil succeed in getting the necessary vouchers from the British High Commissioner. \,. Il".. J.B. Patel, Jig. Jade. 26th Sept. 1972. /Kimathi. -. -.------ ------- -- -- ____ __._ ----- - - 1,---.- r:-.-----,.---.- _-