Maulid Fakihi Mohamed @ Mashauri vs Republic (Criminal Application No. 2 of 2014) [2014] TZCA 2377 (26 November 2014)

IN THE COURT OF APPEAL OF TANZANIA .AT MTWARA CRIMINAL APPLICATION NO. 2 OF 2014 MAULID FAKIHI MOHAMED@ MASHAURI ..................................... APPLICANT VERSUS THE REPUBLIC ........... ............................................................... RES PON DENT (Application for extension of time to file application for Review of the decision of the Court) 26 th & 28 th November, 2014 BWANA, J.A.: (Nsekela, Munuo, Msoffe, JllA.) dated the 8 th day of September, 2005 in Criminal Appeal No. 229 of 2004 RULING The applicant, Maulid Fakihi Mohamed @ Mashauri, filed this application for extension of time to file an application for review because (to quote him):- ''it is my right as a prisoner ... " It must state at the outset that I am not aware of a law in our jurisdiction which gives an automatic right to a prisoner to apply for review of the decision of the Court of Appeal of Tanzania. Review may only be applied for in terms of Rule 66 of the Court of Appeal of Tanzania, 2009 (the Rules). 1

And back to this application. It is settled that an applicant for extension of time must show good cause to the satisfaction of the Court, why he was late to lodge his application within the prescribed period of sixty (60) days (Rule 66 (3) of the Rules). He should, as well, show the grounds for the application (Rule 48 (1) of the Rules). In the instant application, the applicant states inter alia, the following in his affidavit in support of his Notice of Motion:- "Para 2: That I was convicted in the High Court of Tanzania at Mtwara ... and found guilty of Murder c/s 196 of the Penal Code ... Para 3: That being aggrieved by both Judgment of the High Court and Tanzania Court of Appeal delivered in Dar es Salaam on ffh day of September 2005 respectively, do hereby humbly granted for review of the Judgment of my appeal on the ground and fact appraising ... Para 4: That since the time to file review was expired it will be in the interest of Justice if I obtain 2

\l extension of time leave to file review out of time to the Court of Appeal of Tanzania at Mtwara ... " The above quoted paragraphs of his affidavit do not show good cause for the extension of time (Rule 10). Basically, they do not show why he was late to file his application within the prescribed period. It is necessary as stated above, that a party should show good cause for the delay. In the instant case, the applicant was under obligation to show the cause for the delay. I do agree with Mr. Hashim Ngole, learned Senior State Attorney for the respondent Republic, that the applicant has failed to establish that elementary and fundamental requirement of the Rules. I cannot, therefore invoke my discretionary powers and proceed to grant the application. The said application is devoid of merit. Accordingly, it is struck out. DATED at M1WARA this 26 th day of November, 2014. S. J. BWANA JUSTICE OF APPEAL I certify that this is a true copy of the original. P.W~KYA SENIOR DEPUTY REGISTRAR COURT OF APPEAL 3