Kipara Ole Mapya vs Republic (Criminal Appeal No. 41 of 1995) [1999] TZHC 251 (16 August 1999)

2J THi HIGH COURT OF TAN&NIA .0 ATAPUSHA CRIMINAL APPEAL Ho1 hi of 1995 c/f Cr0 C.No.42/95 (From the decisaon of the District Court of Ngorongoro at Norongoro in criminal appeal No.40/93) T,]1 (T' I 1D' LA fl. .CILfld. .i.Li.J ).'.._LLC0o.00.000000o,.o.o000OO.00O*000 Li .Lj versus THE REPUBLICO 00 0000 00 *000 0 000000 • 0000 RESPONDENT R U L 'I I' G E. N. K In this consoliciate appeal , (vide Cr. appeal Nos. +1 and 42 of 1 995) the two appellants iJ4 not wish to appear to argue in defence of the appeals. The twower convicted by the Ngorongoro District Court in Cr. Case no. ho of 1993 for the offence of robbery and were each sentenced .o 15 years imprisonment. This was on 2th August, 1993- Thee two appeals were lodged on 22nd June, 1995, after the appellants had received. tle copies of dgment o.n'2ndM ch, .1995. When the appeal records were placed beforeNchalla, J. for admission on 25th March, 1997, he noted and I quote- " DR. £Ld _tted to consider

• 0 unds of appeal 0

2. r ir appeal filed in time and with the requisite n t'oe of, intention to appeal." loint Jo.(2) isvery pe'inent'to the competence.;of these appeals . in view of the,.mandator,, Frovisions of Section 361 of the Criminal. pirocedure Act, 1985. (the C0P.A.) The, said sectiofl of the C.P.A. ptovides as follows:- 0

--I' -I :- '2 -: 361. 'No appal from any such findings, sentence or order as aforesaid shall b ènte±tained unless the appellant - (a) ehall have given notice of his intention to appeaLwithin ten days from the date of the findings, sentence or, order, or in the case of a sentence of corporal punishment 'only, within three da's of the date of such sentence; and (h) shall have lodged, his petition of appeal within forty five days from the date of the finding, sentence or order:. Provided that in computing the said pth'io'äf' • .fou.rty-five days the time requiredfor obtaining a copy of the judgment a copy of the jt.dgment or' order appealed against shall be excluded, And provided further that the High • court may, for good cause,. admit an appeal notwithstanding that the period of 'limi tation prescribed in this section has -elapsed.. .. . I have carefully gone through the appeal records and the record of the trial court. I have failed to tracc t]orein any notice of intention to appeal, be it oral or written which was gi'ien by any of the two appeat at ill, let alo'ie givig it within the precribed period 0 My search for such notices of intention to appeal extended even to the records maintained in our registries, but, it was Of no avail 0 It goes wi'hout saying therefore that these, appeals were lodged by the appellants' without first giving notices of intention to appeal at.all, The . appeals are therefore,.incompetnt and aught to be strukout, and it so ordered. .,......3/

:- 3 -: Even if one were to assume, without deciding, that such notices were given and ini tirn, these appeals would fail on the other ground that they were lodged out of time0 Having received their copies of judnent, on 2 /3/1995 the appellants ought to have lodged these appeals by 16th April, 1995. As I have already shown the appeals were lodged on 22nd June, 19954 They were absolutely time barred. For the above reasons, these appeals are struck out. Delivered in court in the presence of Mrs. Ntilatwa learned State S . Attorney, and in the absence of the appellants, this 16th day of Aust, 1999 at Arusha. E. M.KKNGW( JJDGE C) lo.o.99 ENKR/hj .4