Udole Selemani vs Republic (Misc. Criminal Application No. 3 of 1998) [1998] TZHC 2493 (11 November 1998)

IN 'I'HE HIGH COURT OF TANZANIA AT TABORA

• --- -----~ ruse. CRIMINAL APPLICATION NO. 3 OF 1998 IN THE MATTER OF AN APPLICATION FOR - LEAVE TO APPEAL OUT OP TU::E U/S 361 OF CR IMTITAL PROCEDURE ACT NO. 9/1985 AND

nr THE HATTER OF CR Hiil:fAL CASE NO. 238 OF 1988 IN TI!E DISTRICT COURT OF HASWA AT MASWA : UDOL.-q: SELE MAN • • • • • • • • • • • • • • • • • • • • • • • • • APPLICANT Versus HE PUBLIC. ••••••••••••• 0 ••••••••••••••• rmsPONDENT RULING -.--..-.:-·• •-·e···e··,..,,. Ma.sane he J. -=-e,:......_...a:,_a.:,..---'::::....l __ ....._., This is an application :for leave to appeal to this Court, out.of time. It is made by Udole Selemani. The applice.nt had been convicte·d of the offence of cattle theft c/s 268 and 265 of the penal code, and he was e sentenced to --,. term of imprisonment or eight. -years _, .. ___ ... on 26/3/84-, some fourteen years ago. ·The affidavit of the applicant deposes that the main reason for failing to appeal within time was because after the sentence, he was so inixed up that he could not remember that there is time limitation to appeals. Again, he said be contracted· TB. which made him forget more about appealing. Hr. Hwampoma,who represented the Republic, has submitted that the reasons advanced by the applicant . ' cannot be accepted in law to be ."suffic·ient reasonsH • ..

2 It is too lonQ: time ago the applicant was convicted. I agree. The application for leave to appeal to this Court out of time is rejected. JUWE -- At Tabora 11th November 1998 Applicant: 'Absent -=--:--:, .. ·.1.-.04: ---- ~, . ...,... .