Simon Emmanuel vs Republic (Criminal Application No. 18 of 2023) [2025] TZCA 1201 (12 November 2025)

IN THE COURT OF APPEAL OF TANZANIA AT PAR ES SALAAM CRIMINAL APPLICATION NO. 18 OF 2023 SIMON EMMANUEL................................................................................ APPLICANT VERSUS THE REPUBLIC.................................................................................... RESPONDENT (Application for an extension of time for lodging an application review out of time from the Court of Appeal of Tanzania at Shinyanga (Muqasha, Kitusi And Mashaka. 33A.) dated the 25th day of August, 2021 in Criminal Appeal No. 531 of 2017 RULING lCfh & 12th November, 2025 KITUSI. 3.A.: The applicant was charged in the District Court of Kahama and convicted with rape of a girl aged below 10 years. He was sentenced to life imprisonment. His appeals to the High Court and to this Court have gone in futility. He now prays for extension of time within which to apply for review of our decision in Criminal Appeal No. 531 of 2017 dated 24th August, 2021. The application under 10 of the Court of Appeal Rules 2009, (the Rules) is supported by an affidavit of the applicant himself. The respondent contests the application through an affidavit in reply taken by Ms. Immaculate Mapunda, learned State Attorney. The underlying and settled principle is that for extension of time to be granted, the applicant must account for the delay. In this case, the main reason for the delay, according to paragraph 3 of the applicant's affidavit which he repeated in his brief oral address at the hearing, is that while at Shinyanga Prison where he was initially serving the sentence, the applicant had no access to legal advice. He stated that it was only when he had been transferred to Butimba Central Prison that somebody enlightened him on the procedure. The respondent's affidavit in reply disputes this fact and alleges that it is not good cause. Ms. Mapunda briefly submitted in support of her position. Two of the commonest factors for consideration in applications for extension of time are promptness in taking steps and length of the delay. [Lyamuya Construction Co. Ltd vs. Board of Registered Trustees of Young Women's Christin Association of Tanzania (Civil Application No. 2 of 2010) [2011] TZCA 4]. In my consideration of the facts before me, the period from 25th August, 2021 when judgment of this Court was delivered in the presence of the applicant, to 17th October, 2022 a year and so, when the application was filed is just too long to just be wished away. More so in the absence of any suggestion that while at Shinyanga Prison, the applicant promptly expressed his desire to apply for a review, and further in the 2 absence of the dates when he was transferred to Butimba where he ultimately got legal advice. Too much is left to speculation and I am not about to go along with the applicant on that. Consequently, for the reasons discussed, I find this application devoid of merit and I dismiss it. DATED at DAR ES SALAAM this 10th day of November, 2025. I. P. KITUSI JUSTICE OF APPEAL The Ruling delivered virtually this 12th day of November, 2025 in the presence of the Applicant in person and Ms. Immaculata Mapunda, learned State Attorney for the Respondent/Republic and Mr. Fidelis Choka, Court Clerck, is hereby certified as a true copy of the original. R. W. CHAUNGU DEPUTY REGISTRAR COURT OF APPEAL 3