James Ryoba Waing'ari vs Republic (Criminal Appeal No. 475 of 2015) [2018] TZCA 682 (4 July 2018)

I ,, ... IN THE COURT OF APPEAL OF TANZANIA AT.MWANZA '"--! - -

• .. (CORAM: MMILLA, J.A., MUGASHA, J.A., And MWANGESI, J.A.) CRIMINAL APEL NO. 475 OF 2015 JAMES RYOBA WAING'ARI ............ ~ ..................................... APPELLANT VERSUS THE REPUBLIC ................................................................ RESPONDENT {Appeal from the decision of the High Court of Tanzania at Mwanza) MWANGESI, J.A.: dated the 6 th day of October, 2015 in HC. Criminal Appeal No. 33 of 2015 ORDER OF THE COURT On the date when the appeal came for hearing, the appellant appeared in person unrepresented, whereas the respondent had the services of Ms. Gisela Alex, learned State Attorney. It transpired that the appellant has not lodged his memorandum of appeal. And when he was prodded by the Court that, as to why he had failed to lodge the memorandum of appeal, the appellant informed the Court, from when his appeal to the High Court got dismissed, he did lodge his notice of appeal. However, there was no session called until when he completed his jail term. He told the Court further that he did get the notice regarding this session late and failed to lodge the appeal in time. He is however, still interested to pursue his appeal. 1 .

When the issue was put to the learned State Attorney, she asked us to make any proper order in terms of Rule 72(5) of the Court of Appeal Rules, 2009 (the Rules). i=! . i- 0 ! .· "!" Since the appel_lant still wants to pursue his appeal, we are G.f the view : :7- . : ... - that he has to be given the chance to exercise such constitutional -right. In that regard, we allow the appellant to lodge his memorandum of appeal within a period of 21 days. This is in accordance to the provision of Rule 72(5) of the Rules. Meanwhile, the hearing of the appeal is adjourned to another session as will be scheduled by the Registrar. Order accordingly. DATED at MWANZA this 4 th day of July, 2018. B. M. MMILLA JUSTICE OF APPEAL S. E. A. MUGASHA JUSTICE OF APPEAL S.S. MWANGESI JUSTICE OF APPEAL I certify that this is a true copy of the original. B.~O DEPUTY REGISTRAR COURT OF APPEAL 2 ,,.._.;;:.., \