Deus Samwel & Another vs The Director of Public Prosecutions (Criminal Appeal No. 92 of 2015) [2018] TZCA 309 (11 December 2018)

IN THE COURT OF APPEAL OF TANZANIA AT MBEYA (CORAM: MMILLA, J.A., MUGASHA, l.A., And MWAMBEGELE, J.A.) CRIMINAL APPEAL NO. 92 OF 2015

1. DEUS SAMWEL
2. COSTANTINO SUNGURA ......................•......•..••.............. APPELLANTS VERSUS THE DIRECTOR OF PUBLIC PROSECUTIONS ...................•..•...... RESPONDENT (Appeal from the judgment of the High Court of Tanzania, at Sumbawanga.) (Sambo, J.) dated the 17th day of November, 2015 in Criminal Appeal No.5 of 2015 RULING OF THE COURT ifl' December, 2.018 MMILlA, l.A.: When this appeal was called on for hearing today, both appellants were absent and unserved. On the other hand, Mr. Hebel Kihaka, assisted by Ms Rosemary Mgenyi, both learned State Attorneys, appeared for the respondent/Republic. On taking the floor, Mr. Kihaka informed the Court that on the basis of the letter Reference No. 110/RUK/2/VII/118 dated 26 th June, 2018 from the Prison 1

Officer, Sumbawanga, the appellants are not in prison because they were released on orders of the High Court, Sumbawanga Registry. He added that because they cannot be traced, he was praying for the appeal to be struck out so that in case they reappear they can still re-institute their appeal. On our part, in view of the letter from the Prison referred to us, and for reasons advanced by Mr. Kihaka, we accede to the prayer for this appeal to be struck out. In the circumstances, we strike out the appeal under Rule 4 (2) (a) of the Tanzania Court of Appeal Rules, 2009. However the appellants will be at liberty to re-institute it in case they re-appear. Order accordingly. DATED at MBEYA this 11th day of December, 2018. B. M. MMILLA JUSTICE OF APPEAL S. E.A. MUGASHA JUSTICE OF APPEAL J. C. M. MWAMBEGELE JUSTICE OF APPEAL A. H. UMI DEPUTY REGISTRAR COURT OF APPEAL 2