petro marmo gara vs the republic 2023 tzhc 22619 15 november 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MANYARA

AT BABATI MISCELLANEOUS CRIMINAL APPLICATION NO. 10 OF 2023 (Arising from Mise. Criminal Application No. 21 of2022 Mbuiu District Court) PETRO MARMO @ GARA................................................ APPLICANT

VERSUS THE REPUBLIC....................................................................RESPONDENT

RULING 15th November & lSh November, 2023 Kahyoza, J. Petro Marmo @ Gara, the appellant was convicted and sentenced to 14 years for the offence of house breaking. He was convicted upon his own plea of guilty. He did not lodge the notice of appeal or lodge an appeal against the sentence which was not barred by law. Later, he applied for extension of time to lodge the notice of appeal and appeal out of time. Ms. Ester Malima State Attorney, did not oppose the application on the ground that there is illegality. She argued that the sentence imposed was illegal. Having heard the submission from the respondent (the Republic) and reviewed the proceedings and the sentence, I agree that, there exists illegality on the face of record. I will not go into detail. Hence, the application 1 has merit and it is hereby granted. Time to lodge notice of appeal is extended for ten (10) days from the date of the ruling. Further, I extend time to lodge the petition of appeal for twenty (20) days from the date of this ruling. It is ordered accordingly. Dated at Babati this 15th davof November, 2023. R. Kahyoza Judge Court: Ruling read over and explained to the applicant and in the presence of Ms. Ester Malima, State Attorney for the Respondent. B/C Fatina (RMA) Present. J. R. Kahyoza Judge 15/11/2023 2