Thomas Sanga Rulling
Application granted due to uncontested nature, applicant's confinement, and length of sentence.
Source-derived case information.
- Citation
- Thomas Sanga Rulling
- Parties
- Applicant: Thomas Iddforn @ Sanga; Respondent: The Republic
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2024
- Procedural Posture
- Misc. Criminal Application / Ruling on Extension of Time to Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeal Procedure, Conviction Delay
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Iddforn @ Sanga
Applicant
The Republic
Respondent
Procedural Posture
Misc. Criminal Application / Ruling on Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted extension of time to appeal out of time
Ratio Decidendi
Application granted due to uncontested nature, applicant's confinement, and length of sentence.
Court Disposition
Application granted
Orders
- Intended appeal to be filed within 45 days from date of order
- If no notice of appeal was filed, time extended to file notice within same period
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IRINGA SUB REGISTRY) AT IRINGA MISC. CRIMINAL APPLICATION NO. 7292 OF 2024 THOMAS IDDFORN @ SANGA....... .... ........ APPLICANT VERSUS THE REPUBLIC .............. .......... ...... ............ RESPONDENT RULING 2 /h & 2 /h March, 2024 I.C. MUGETA, J: The applicant’s uncontested prayer is for extension of time to appeal out of time. The reason for the delay in the affidavit is that upon conviction in 2019 he was taken away to an agriculture prison and the unnamed prison officer to whom he reported his intention to appeal did nothing to help him. He serves a sentence of 30 years imprisonment for attempted rape. The applicant did not attend the hearing and the prison warden from Iringa prison present reported that he is in prison at Njombe. That processes to bring him to Iringa are underway. Daniel Lyatuu for the respondent submitted that the Republic does not object the application and they do not intend to file counter affidavit. On that account, I decided to proceed with the hearing on the strength of the filed affidavit. Page 1 of 2 Considering the length of the sentence, the reason that the applicant communicated his intention to appeal while under confinement and the fact that the application is unopposed, I grant the application. I order the intended appeal to be filed within 45 days from the date of this order. In the affidavit the applicant states that he lodged a notice of appeal attached to the affidavit but it is not there. I am not sure if, indeed, any notice exists. In case no notice was filed, I also extend the time to do so within the above provided appeal period. Finally, considering the period that has elapsed since his conviction without being able to appeal, I direct this order to be delivered to the applicant wherever he is by any means possible including Whats App not latter than 28/3/204. I.C. MUGETA JUDGE 27/ 3/2024 Court: Ruling delivered in the presence of Daniel Lyatuu, learned State Attorney for the respondent and in the absence of the applicant. Sgd. I.C. MUGETA JUDGE 27/ 3/2024 Page 2 of 2