paulo nzimano vs peter nzimano 2006 tzhc 336 2 may 2006

IN THE HIGH COURT OF TANZANIA AT BUKOBA (PC) CRIM INAL APPEAL NO. 3 OF 2003 (Arising from (PC) CRIMINAL APP. NO. 33/2000 A N D BUKOBA DISTRICT CO U RT CRIMINAL APPEAL NO. 67/2001) (Before: I.N.B. Bashemela, Esq. PDM) PAULO N ZIM ANO = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = AP P E L L A N T VERSUS PETER NZIM ANO = = = = = = = = = = r e SPO N D E N T JUDGM ENT This is a PC Criminal appeal. It arises from Bukoba prim ary court sitting at Katoro. In that court the appellant Paulo Nzimano was charged with criminal trespass C/S 299 o f the Penal Code. At the end o f the trial he was acquitted. Aggrieved by that finding, Peter Nzimano the com plainant appealed to the district court o f Bukoba. The district court allowed the appeal. It convicted the appellant - Paulo N zim ano. He was given a suspended sentence. The appellant was aggrieved, hence this appeal. But this appeal was lodged on the 40th day after the date o f the decision. The judgm ent o f the first appellate district court was delivered on 22/3/2002; whereas this appeal was lodged on 2/5/2002. In law such an appeal ought to have been filed within 30 days after the date o f the decision vide S. 25(1 )(a) o f the MCA, 1984 [Now Cap. 11 R.E.]. The section reads> 25(1) Save as hereinafter provided - (a) in proceedings o f a criminal nature, any person convicted o f an offence, or, in any case where a district court confirms the acquittal o f any person by a prim ary court or substitutes an acquittal for a conviction, the complainant or the Director o f Public Prosecutions:- If aggrieved by the decision or order o f a district court in the exercise o f its appellate or revisional jurisdiction may, within thirty days after the date o f the decision or order, appeal there from to the High C ourt. [Emphasise Mine] Since this appeal was filed outside the prescribed time o f 30 days and without leave o f this court, the same is time barred. The appeal Judgment delivered today 2nd day o f May, 2006 in the presence o f both parties and Mr. Katabalwa learned counsel for the Respondent. A T BUKOBA 2/5/2006