105. In the instant Application, the Court finds that there was no
inordinate delay in the hearing of the appeal to the High Court as it
was filed on 8 September 1998 and dismissed on 24 March 2000,
one (1) year and seven (7) months after the appeal was filed.
106. The Court also finds that there was inordinate delay with regard
'
to the hearing of the appeal at the Court of Appeal. Following the
dismissal of the Applicant's appeal to the High Court at Moshi in
Criminal Case Number 82 of 1998 on 23 March 2000, the Applicant
commenced what would turn out to be a lengthy process of filing an
appeal at the Court of Appeal of Tanzania.
107. The chronology of the Applicant's actions in this regard has
already been set out in paragraphs 28 to 33 of this judgment. It was
only on 6 June 2008, when the Applicant's appeal, was finally
deemed properly filed before the Court of Appeal. This amounted to
a period of eight (8) years and three (3) months of attempting to file
an appeal at the Court of Appeal.
108. The Applicant's previous attempts to file the appeal failed due
to the lack of court records, which the Applicant consistently
requested for, but was not provided with. Furthermore, being a lay,
indigent and incarcerated person, the Applicant filed Notices of
Appeal which were dismissed on the ground that they were
procedurally defective for being unsigned or filed out of time. The
Applicant could not have proceeded with his appeal without the Couri
record, therefore the Respondent's contention that the delays in the
appeals were caused by the Applicant lacks substance.
/ll'--··
42