Essau s/o Harushimana and Others vs Republic (HC Criminal Appeal No 51 cf 52 cf 53 of 1998; HC Criminal Appeal No 51 cf 52 cf 53 of 1998; HC Criminal Appeal No 51 cf 52 cf 53 of 1998) [1999] TZHC 408 (21 July 1999)

--•- 11 ....,_,• '•.".J' fl•::' I, !! IN THE HIGH COURT OF TANZANIA AT TABORA APPELLATE JURISDICTION ' (RC) CRIMIN.AL AP?Ef\L No. 51 cf 52 cf 53 OF 1998 ' I • ( ORIGIN/tL CRIMINAL CASE NO., 4 of 1998 of DUiTRICT COURT OF KIBONDO DTSTRIC'r AT KIBONDO) Before: Po Y. Maumba, Esq,i District Magistrate. ESSAU s/o HP.RUSHIUuA & OTHERS ao . - oo ". APPELLANT V E R S U S THE REPUBLIC •• • 0 0" R}SPONDENT MASANCHE, J •: This is an npplicAtion for leave to appeal to this Court out of time. It is made by three persons Essau s/o Harusimana, f-iloy~e_s/o ha a.nd ~~es, ~oka. These three ersons, were convicted of _robbery with violence c/s 285 and 286 of the Penal Code. They were sentenced to 30 years imprisonment• Their applications for leave to appe,,.::i, out of time is accomp2nied by short -:1ffidavits .. The affid?cvits say, essentially that they are late in appealing because they got copies of judgments· in prison r8ther lnte. · Mr. Kabu,zuzi, le,)rned State Attnrney who appe,-;,red for the Republic informed the Court that their applications are in order. But then, the case ms a whole is really hopE3less. It is said th,t the applica.nts pounced into the hou.se of the comj:)lainent cind stole money to the tune of Shs.7,500/=. They Rlso stole a radio cassette, valued at Shs.25,000/=o · This radio cassette got recovered from them. I1J. the course of the robbery it is said the applicants cnme by a receipt·and they all wondered whether it was the receipt of the radio. They then, all the three of them, clustered together with their torches to read the receipt. In so doin3 the occuponts of this house identified them quite well. And, it was sai( indeed, th3t ench one of the eight of them, had torches. Tb.a- is to say, fflier..e< were eir,ht torches there being swung in the house. In addition to thpt, the ?PPlicants, it is sc1id, are neighbours, to P.W.1 Foko· Kagozio ·. So, the lea.rned State Attorney· advised the Court that the intended appeal, even if ·it is admitted, stands no chances of success.,

2 It is true, I run satisfied, the iri.tended appeal stands no chance. of success. This application for leave to appeal ouc of time is rejectedo At Taborn. 21st July, 1999. ,,/ _,,.,. _,/ ! f ./ J. ,"E. C 6 MMiANC=IB 1 I, . . . +l-- ... , ..... J '0.e . _; . 1Vfro Mwampomn, St.:-:,_te Attorney:':I·or· lb.he Republic., Applicant: Absent. . . . ' ,.