Respondent State maintained that the Court of Appeal is the highest
Court in the land.4 Additionally, the procedures followed on local
remedies were unduly prolonged.
57.
The Court finds that there were systematic and prolonged
delays in the determination of his appeal to the Court of Appeal.
Following the dismissal, on 23 March 2000 of the Applicant's appeal
to the High Court, being Criminal Appeal Number 82 of 1998, it was
only on 17 April 2003 that his Appeal to the Court of Appeal was
registered. There were also unreasonable delays in providing the
Applicant with the record of proceedings of the appeal heard by the
High Court, (Criminal Appeal Number 82 of 1998), which he required
to prosecute his Appeal at the Court of Appeal. A period of two (2)
years and five (5) months lapsed between 23 April 2003, when the
Applicant first requested for this record of proceedings, and 21
September 2005, when the appeal at the Court of Appeal was heard
and dismissed, for being filed out of time. The Court notes that b:r
the time the Court of Appeal dismissed his appeal, the Applicant was
yet to be provided with the record of the proceedings of Criminal
Appeal Number 82 of 1998.
58.
The Applicant then filed a Miscellaneous Application at the
High Court, on 31 October 2005, seeking leave to file his Notice of
Appeal to the Court of Appeal, out of time. Once this application wa
granted on 12 February 2007, his new appeal to the Court of Appeal
was registered on the same date, as Criminal Appeal Number 217 of
4
See Communication 333/06 Southern Africa Human Rights NGO Network and Others
v Tanzania 281h Activity Report November 2009- May 2010 paragraph 29.
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