PAUL ZACHARIARuling 24

IN TCOURT OF THE UNITED REPUBLIC OF TANZANIA

BUKOBA SUB REGISTRY

AT BUKOBA MISC. CRIMINAL APPLICATION NO. 415 OF 2025 (Origination from Criminal Case No. 75 of 2022 of Rulenge Primary Court and Criminal Case No 14343 of 2024 of Ngara District Court, dated on 6th day of September, 2024 before Hon. Emmanuela Kavalo RM) PAUL ZACHARIA ……………………….……………………………… APPLICANT

VERSUS MALIANA TUOMBE ….…………..………………………………… RESPONDENT

RULING OF THE COURT Date of last Order: 24/02/2025 Date of Ruling: 24/02/2025 BEFORE: G.P. MALATA, J The applicant herein preferred an application for extension of time within which to file notice of appeal and appeal out of time against the decision in Criminal Case No.14343 of 2024 of Ngara District Court delivered on 6/09/2024. On 24/2/2025 when this matter came for hearing only applicant appeared in court. The applicant appeared in person while the Respondent was absent without any notice. 1 At the commencement of hearing the applicant stated that, he filled chamber summons supported an affidavit which demonstrate all his reasons for delay for filed an appeal to this honorable court. In that regard the applicant prayed for his application to be granted. It is trite law that, extension of time is granted by the court discretionary upon being satisfied by the reason so advanced by the applicant. This is the gist of section 361 (2) of the Criminal Procedure Act, Cap. 20 R.E 2022 which provides that; “The High Court may for good cause, admit an appeal notwithstanding that the period of limitation prescribed in this section has elapsed”. Having gone through the reasons advanced in the application, l am satisfied beyond sane of doubt that; first, the applicant is a convict serving custodial sentence, thus not a free agent, second, the applicant had no way to pursue for his rights

but to do it through the prison officers unless he has an advocate, third, the applicant is toothless to command the prison officers to take any necessary steps timely in appealing against the impugned decision, fourth, the prison officers are the ones to make follow ups for the convicts including filing notices, requesting for copies of proceedings, judgment, preparing appeal and 2 filing it in court. The applicant being unfree agent cannot do any of the above save through the prison officers. In the event therefore, this court is without malingering of doubts that, the applicant has vehemently advanced sufficient reasons for delay in filing notice of appeal and appeal to this court. Consequently, I hereby grant leave to the applicant to file notice of appeal and appeal against the decision in Criminal Case No. 14343 of 2024 of Ngara District Court on condition that, he file the notice of appeal and appeal to this Court within forty five (45) days from the date of this ruling. IT IS SO ORDERED. DATED at BUKOBA this 24th February, 2025. G.P. MALATA

JUDGE 24/2/2025 RULING delivered at BUKOBA this 24th February, 2025 in the presence applicant only. G.P. MALATA

JUDGE 24/02/2025 3