19720926 TZHC Arusha3

IN THE HiGH COURT OF TANZAi.I1; AT ARUSHA APPELLATE JURISDICTION HIGH CCUT CR1iVjI1 ,1AL APP AL JO. 207 OF 1972 ORIGINAL CRlMIIAL CnSE (,. 625 O 1972 OF THE RM'S COURT OT hOSI DIhiRICT AT CSHI Before C.G. Mtenga -- --------------- - ---Resideitt Maigistrate Hemchand s/c Ladha Dhanani Bharakumar Flermohand Dhannj AppeiLnts (Original Accused) versus ------------------------------------ THE REPUBLIC -------------- -- Respondent (Ori'inal Pros.) CHARGE: Being unlawful present within Tanzanis c/s 26 (i) (j) of imigration Act No. 8 of 1972. I - - JUDGMENT Patel, Ag. J. in this appeal both the appej.lan -ts appeal not against conviction or sen -tenoe but against the order of trial court which said they should leave Tanzania within seven days of the date of making the said order. Both appellants are :British Subject-Asians at Moshi. Then permit to stay in Tanzania cx ired on 13/3/72. They had applied for a voucher to the British High Commissioner at Dar es Saiaam to enable them to go to U.K. but they failod to get it in time. New permit was granted to them which expired on 13/5/72 and by that time they failed to et the vouchrs in spite of their determined efforts. On 15/5/72 they were send with a notice of 'Prohibited immigrants" and were later brought to court for staying unwiafully in Tanzania. On 14/7/72 they were convicted for the said offence and sentenced to a fine of skis. 400/-. Trial magistrate in addition ordered that Joth sho:ld leave Tanzania within a week of the da+e of this order, Hence this appeal against this order. Mr. Trivedi for appellants submitted that time be extended 'till the end of October, 1972 cy which time appellants feel certain to get the vouchers to go to U.K. Mr. Kinabo for the Republic submitted that the aipellants be given two weeks and no more-. 1 have carefully considered all factors connected with this matter-. There is no doubt that the aupellan -ts are victims 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 and of October, 1972. Thus Mr. 1.Lrivedi is asking for time more weeks than what is offered by the Repolic.. Considering all factors 1 am of the opinion that three more weeks wc:ld do no more harm to anybody and would certainly more just, fair and humane to the ppella-nts. After all they too are not in±ereated to stay a day longer than is necessary in Tanzania. For these reesoiis 1 alloy the appeal and hereb" order that the appellants be allowed to stay in Tanzania till 31st October, 1972. it is hoped: that b' the end of October they wil succeed in getting the necessary vouchers from the British High Commissioner. - J.B. Pa -tel, - ; g. Jae. /Kimathi. ' 26th Sep -ti 1972. '