JANES OMOLO RULING 0001
- Citation
- JANES OMOLO RULING 0001
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 1 January 2025
- Posture
- Misc. Criminal Application / Ruling on Application for Enlargement of Time
- Language
- English
More details
- Court
- TANZLII
- Decision
- 1 January 2025
- Posture
- Misc. Criminal Application / Ruling on Application for Enlargement of Time
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Applicant's repeated transfers between prison authorities constitute good cause for enlargement of time to file notice and appeal.
Court disposition
Application granted
Orders
- Applicant granted ten (10) days leave to lodge notice of intention to appeal.
- Applicant granted forty-five (45) days leave to prefer appeal in the High Court.
02
Material facts
Parties
Janes Omolo Ogonda
ApplicantRepublic
Respondent Counsel: Ms. Happiness MachageAmounts and remedies
- Leave to Lodge Notice of Intention to Appeal: 10
- Leave to Prefer Appeal: 45
03
Procedural history
Posture
Misc. Criminal Application / Ruling on Application for Enlargement of Time
04
Questions and positions
Legal issues
Whether the applicant should be granted enlargement of time to file notice and appeal against conviction
Party arguments
- Applicant
- Applicant argued that repeated transfers between prisons prevented timely filing of notice and appeal, and prison authorities failed to assist.
- Respondent
- Respondent did not dispute the application and acknowledged applicant's right to be heard, despite lack of proof.
05
Court’s reasoning
Legal principles
- 01
Section 361(2) of the Criminal Procedure Act [Cap. 20 R.E. 2022]
High Court may, for good cause, admit an appeal out of time.
- 02
Otieno Obute v. The Republic, Criminal Application No.1 of 2011; Yusufu Hassan v. Republic, Criminal Application No. 50/12 of 2017
Applicants transferred between prison authorities are entitled to special consideration for enlargement of time.
06
Ratio, limits and disposition
Ratio decidendi
Applicant's repeated transfers between prison authorities constitute good cause for enlargement of time to file notice and appeal.
Obiter and limits
- Granting enlargement of time is within the court's discretionary mandate, depending on materials produced by applicant.
- Courts are bound to grant special consideration to prisoners transferred between authorities unless good reasons exist to the contrary.
Court disposition
Application granted
- Applicant granted ten (10) days leave to lodge notice of intention to appeal.
- Applicant granted forty-five (45) days leave to prefer appeal in the High Court.
Source and reliance status
TANZLII · 1 January 2025
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 1 January 2025
THE UNITED REPUBLIC OF TANZANIA (JUDICIARY)
THE HIGH COURT (MUSOMA SUB REGISTRY AT MUSOMA) Misc. CRIMINAL APPLICATION No. 2320 OF 2025 (Arising from the District Court of Rorya at Rorya in Criminal Case No. 15 of2023) JANES OMOLO OGONDA............................................................... APPLICANT Versus REPUBLIC................................................................................. RESPONDENT
RULING 17.02.2025 & 17.02.2025 Mtulya, J.: Mr. Janes Omolo Ogunda (the applicant) was prosecuted and found guilty by the District Court of Rorya at Rorya (the district court) in Criminal Case No. 15 of 2023 (the case). The applicant was aggrieved by the decision and intended to protest in this court, but was transferred from Rorya District to Tarime Prison based at Tarime District in Mara Region to serve his custodial sentence. The applicant was transferred further from Tarime Prison to Tabora B Prison based in Serengeti District within Mara Region and finally he found himself at Butimba Prison in Mwanza Region Following his transfers from one prison authority to another, the applicant could not process a notice of intention to appeal and appeal within time hence he approached this court and preferred the instant application seeking for enlargement of the time to file both notice and appeal in order to protest the i decision of the district court in the case. According to the applicant, the prison authority was not keen in assisting him to process the intended notice and appeal within time. In replying the allegation of the applicant, Ms. Happiness Machage, learned State Attorney did not dispute the application. In her opinion, the applicant has registered a reason in favor of the application without any proof, but she cannot protest for the applicant to enjoy the
fundamental right to be heard at this court. The law regulating enlargement of time to lodge criminal appeals in this court is enacted in section 361 (2) of the Criminal Procedure Act [Cap. 20 R.E. 2022] (the Act). The enactment provides, in brief, that: the High Court may, for good cause, admit an appeal notwithstanding that the period of limitation prescribed in the section has elapsed. The provision has already received support of of this court in the precedents of Robert Wambura @ Mungine v. Republic, Misc. Criminal Application No. 44 of 2022 and Paulo Matiko Nyaiguri v. Republic, Criminal Application No. 20853 of 2024). The practice shows that granting enlargement of time is within the discretionary mandate of this court, which depends on the materials produced by applicant to persuade the court to resolve the matter in his favour (see: NBC Limited & Another v. Bruno Vitus Swalo, Civil Application No. 139 of 2019). In the instant application, 2 the applicant has produced a reason of transfer from one prison authority to another. The law on enlargement of time has already recognised applicants in prisons authorities, who are transferred from one prison authority to another, to be given special considerations by courts (see: Otieno Obute v. The Republic, Criminal Application No.l of 2011 and Yusufu Hassan v. Republic, Criminal Application No. 50/12 of 2017). This court is
bound by the position, unless there are good reasons to resolve to the contrary (see: Mtatiro Macha Chacha v. Republic, Criminal Application No. 19730 of 2024 and Gasaya Bwana @ Chacha v. Republic, Misc. Criminal Application No. 22 of 2022). In the present circumstance, there are no good reasons why the applicant should not be granted leave to approach and file an appeal in this court to dispute the decision of the district court. In the end, I am persuaded to grant the applicant ten (10) days leave to lodge a notice of intention to appeal and forty-five (45) days leave to prefer an appeal in this court without any further delay. 3 Court: This Ruling was delivered in Chambers under the Seal of this court in the presence of the applicant, Mr. Janes Omolo Ogonda and in the presence of the respondent's learned State Attorney, Ms. Happiness Machage. F. H. Mtqlya Judge “ 17.02.2025 4
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