isaya lukas mbwawa vs republic 2023 tzhc 20156 7 august 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IRINGA REGISTRY AT IRINGA CRIMINAL APPEAL NO. 44 OF 2023 (Originating from District Court of Mufindi at Mafinga Original Economic Case No. 19 of 2022). ISAYA LUKAS @MBWAWA ............ APPELLANT VERSUS THE REPUBLIC............................. RESPONDENT RULING A. E. Mwipopo, J. The counsel for the Respondent namely Yahaya Misango, State Attorney, raised preliminary objection that there is no notice of appeal in this appeal and prayed for the appeal to be struck for incompetence. The appellant in his reply said that when he was taken to prison after his conviction he informed the prison Authority of his intention to appeal. He filled the notice of appeal form and the petition of appeal was prepared. He said that he don't know the reasons for the failure of the notice of appeal to reach this court and only petition of appeal to be in court record. Section 361(a) of the Criminal Procedure Act, Cap. 20 R.E. 2022 provides that no appeal shall be entertained by this court unless the appellant has given notice of his intention to appeal within ten days from 1 the date of the sentence or order of the court. In the present case, there is no notice of appeal in our record. The appellant said that he informed the Prison Authority of his intention to appeal immediately after his conviction and he filed a form of notice of intention to appeal. He is wondering what happened to the notice he filed not to make it to this court. Despite appellant's concern, the law is clear that in the absence of notice of intention to appeal filed within 10 days after the judgment or sentence, the court has no jurisdiction to entertain the appeal. It means the appeal is incompetent. For that reasons, I find the appeal to be incompetent and I struck it out accordingly. JUDGE 07/08/2023 2