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THE UNITED REPUBLIC OF TANZANIA

JUDICIARY

IN THE HIGH COURT OF TANZANIA

MBEYA SUB REGISTRY

AT MBEYA MISC. CRIMINAL APPLICATION NO. 29899 OF 2024 (Originating from the decision of the High Court of Tanzania at Mbeya Sub -Registry in Criminal Appeal No. 48 of 2023) JOSEPH CHRISTOPHER…………………….………. APPLICANT

VERSUS THE REPUBLIC…………………………………………RESPONDENT

RULING 14 November 2024 & 14 November 2024 SINDA, J.: The applicant has brought this application under section 361 (2) of the Criminal Procedure Act, Cap 20 R.E 2022 (the CPA). The applicant prays for the following orders: (i) That-this Hon. Court may be pleased to grant the applicant leave for an extension of time within which to lodge notice of appeal and petition of appeal out of time in criminal case No. 48 of 2023. 1 (ii) That-any other relief as this hon. Court may deem fit and just to grant. The chamber application is dully supported by an affidavit sworn by the applicant. The applicant has alleged to have been convicted for offence of trafficking of narcotic drugs contrary to section 15A (1) (2) (C) of the Drug Control and Enforcement Act, Cap 95, RE 2019 (the DCEA) and sentenced to serve thirty years in prison. At the hearing, the applicant appeared in person and unrepresented. The respondent was represented by Ms. Upendo Lyimo, learned State Attorney. The applicant briefly prayed the court to adopt his reasons set forth in his affidavit. Ms. Lyimo did not object the application. Having considered submissions of both parties and examined the grounds stated in the applicant’s affidavit, the question is whether there is any justification for this court to exercise its discretion under section 361 (2) of the CPA. The said provision states that: “The High Court may, for

good cause, admit an appeal notwithstanding that the period of limitation prescribed in this section has lapsed” From the record it is clear that failure to lodge the notice of intention to appeal and appeal on time was beyond the control of the applicant. The 2 applicant appeal was to be heard on 27 August 2024 however it was found to be defective. The notice of appeal stated that the applicant is appealing against the offence of Unlawful Possession of Narcotic Drugs c/s 17 (1) (a) of the DCEA instead of the offence of Trafficking Narcotic Drugs under section 15A (1) (2) (C) of the DCEA. Thus, the defective in the notice of appeal was beyond is control. That being the case and considering that the applicant is currently serving time in prison, he has no control over his affairs. It has been decided in the number of cases that being in prison, the applicant loses control of the appeal process thus amounting to sufficient cause for the delay. See: Buchumi Oscar vs Republic, Criminal Appeal No. 295 “B” of 2011 (CAT, unreported) William Ndingu @ Ngoso vs Republic, Criminal Application No.3 of 2014 (CAT, unreported) and Maneno Muyombe and Another vs Republic, Criminal Appeal No. 435 of 2016. As a result, I find the applicant advanced the good cause for delay. I grant the application. The applicant is to file a notice of appeal and the petition appeal to the High Court of Tanzania within 30 days from the date of this Ruling. 3 DATED at MBEYA on this 14 day of November 2024. A. A. SINDA

JUDGE 4