RULING MAGAKA CHARLES

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE SUB-REGISTRY OF SHINYANGA) AT SHINYANGA CRIMINAL APPEAL NO. 40897/2023 (Originating from Criminal Case No. 93/2021 from the District Court of Maswa at Maswa) MAGAKA CHARLES …………………………………..………...APPELLANT VERSUS THE REPUBLIC ……………………………….………..…..…RESPONDENT RULING Date of Ruling: 14.03.2024 MWAKAHESYA, J.: This appeal was scheduled for hearing today. Before hearing commenced the learned State Attorney, Ms. Magoti, alerted the court to the fact that the Appeal was incompetent since the Notice of Appeal was filed way beyond the statutory time. She submitted that the appellant was convicted and sentenced on 30.08.2022 and he filed his Notice of Intention to Appeal on 17.11.2022 which is more than sixty (60) days from the date of the conviction and sentence he is appealing against. She further submitted that, there is no leave of the court allowing him to file the Notice of Intention 1 to Appeal out of time. She thus prayed for the appeal to be struck out for being incompetent. The appellant, in his response, readily conceded to the point of law raised by the respondent Republic. He prayed for leniency of the court. Having seen that it is glaringly clear that the Notice of Intention to Appeal was filed more than the statutory ten (10) days as provided for under section 361(1)(a) of the Criminal Procedure Act, which reads: 361.-(1) Subject to subsection (2), an appeal from any finding, sentence or order referred to in section 359 shall not be entertained unless the appellant- (a) has given notice of his intention to appeal within ten days from the date of the finding, sentence or order or, in the case of a sentence of corporal punishment only, within three days of the date of such sentence; and (b) N/A this court has no other option than to refrain from entertaining the appeal. Accordingly, the appeal is struck out for being incompetent. N.L. MWAKAHESYA JUDGE 14/03/2024 2