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.
dismissal
of the Applicant's appeal to the High
Following the
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.
to
The Applicant’s previous attempts to file the appeal failed due
the
Applicant
consistently
requested for, but was not provided with. Furthermore,
being a lay,
indigent
Appeal
lack
and
which
of
court
records,
incarcerated
were
which
person,
dismissed
procedurally defective for being
on
the
the
Applicant
filed
Notices
ground
that
they
the
unsigned
of
were
or filed out of time. The
Applicant could not have proceeded with his appeal without the Court
record, therefore the Respondent’s contention that the delays in the
appeals were caused by the Applicant lacks substance.