00023 6
Judgment of the Muleba District Court delivered on 27 November 1997, three of
the accused, including the Applicant, were found guilty and each sentenced to
a term of thirty (30) years imprisonment.
5.
The Applicant lodged an appeal before the High Court of Mwanza and on 6 June
2003, the High Court held a public hearing in the absence of the Applicant and
without the original case file. ln a Judgment rendered on 17 June 2003, the High
Court dismissed the Appeal, and upheld the Judgment of the District Court. The
Applicant was notified of the High Court's Judgment on 4 February 2005.
6
On 5 February 2005, the Applicant and his two co-accused filed an appeal before
the court of Appeal of Tanzania sitting at Mwanza. on 28 January 2008, the
Registry of the Court of Appeal notified them that their application for appeal had
never been received. On 27 February 2008, the Applicants and the co-accused
sought an extension of time from the High Court so as to file their appeal before
the Court of Appeal of Tanzania.
7
On 29 September 2009, the High Court dismissed the request for extension of
time on the basis that the grounds invoked for seeking the extension were
irrelevant and that the deadline for appeal had long elapsed.
8.
Dissatisfied with the decision dismissing their Application for extension of time to
file the appeal, on 18 November 2009, the Applicant and his co-accused, brought
the matter before the Court of Appeal in Criminal Appeal No. 120/2012, an appeal
dismissed by the court of Appeal in a Judgment dated 5 August 2013.
B. Alleged Violations
9.
The Applicant alleges that:
t.
He was denied bail pending his trial, and this, he claims is unjust and in
contravention
of
the Tanzanian constitution
and his right to personal
3
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s