Fatuma Habibu and Others vs Republic (Misc. Criminal Cause No. 48 of 1997) [1998] TZHC 2207 (7 August 1998)

) KAt,F.G.EYA ,,L TN THE HIGH COURT OF. TANZANJA AT .. DAR_F,S SALAAM MISC. CAUSE CRIMINAL NO. 48.dF 1997 (Original Criminal Appeal No. 71\97) FATUMA HABIBU & OTHERS .........•... · .•.. APPLICANT VERSUS REPUBLIC: ........................ : ....•. RESPONDENT RU LIN .G Fat.urna Habibu atJ<f·a Othfff5 (AppJ.icant.s) we.re c.:harged wiU1 Robbery with Violence c\s 285 and 286 o.f .the Pena 1 Code. While 2 '- ... \ of the accu::;eds were acqtJ_'i t ted Fatuma ahd '6 Others were convicted. One of the accuseds's bejng aged 16 years succesfully avoided going to prison and wa merely sentenced to 12 strokes of corporal punishment '{h'ile ·Fatuma. and· the rest earned f o.r . . . thems·eJves 30 ye1:1rs Imprisonment a.nd :1.2 strokes each. Dissatisf iecJt with this lower Court I s judgement and sentence they . ' ' appealed td thi Court. On 3\10\9r, thi.s court {Mackanja;· J.} summarily rejected the Appeal in the following.words, ''I.have perused the record of proceAdings toaether -. · with the copy· of the judgment.· I am sat.i.sf ied that ·, . .·t'.J1P. r.1.ppeal ag.a.i.n$t. convict_:i:orr nJ se11tence .is devoi1 of any suf Li.c:i.ent ground of cpmplai nt .. Accordingly the appeal i.s s_umma;-ily' r-:ijected 11 • ..,' agg.r.i.eved by the Surrfmary reject.ion orde:t: aid not having f j lP.:d Urn j r not ices of Appea] in ti.me l:hey have now come hef ore tis·Court applying for leave to appeal out of time. Each of the appliants filed a separate application but all were consolidated - Mis. Cr: Applications Nos. 49\97, 50\97, 51\97, -2\97 were consol{dated.and have now been herd togethet I . in Misc. Cr. Application No. 48\97. 1 ·,,_ 1.

. I ,. At: the head ng the AppJJcr-rnts informed the court: that Godfrey Mwakalinga is dead hence his application was marked "abated". The four,· other.$ reiterated what is ohtained in their affidavits - that they were .late in receiving the summary . . ' rejectjon order hence c6uld_nqt apeal in time. Mr. Mcaanga, S\A, observd that he did have any objection lo the applications. 9onsidering the fatt that such summary rejection orders are made in absence of Appelant, and, as_righty observed by Mr.: Mcarangr:1; 8 \A, as the _system of comnnmica t:Jon b!3tweJ·n t:he courts ' . and Prisons leaves a ·1ot to be desired, it. i most U.lrnly that:_ the Applicant'A explanation.is corract - that they wr notifiAd of the order made on 3\10\97 on 7\11\97. Clearly therefore they can'.~ be· held to blame for acting late. The applicatios are accord'ingly allowed, nd as today is Friday and Monday is a public holiday, time will start to run from Tuesday,. 11~\ 98. (L. B. Kalegeya) 1 TUDGE Deliverea in the presence of Applicants and Mr. Mcaranga, Stats Attorney. AT DAR ES SALAAM 7TH AUGUST. 1998 (r,. B. Klegeya) J_UDG . . t· I (Ji ~ rii r