the delay in having his appeal heard. On 21 September 2005, after
the expiry of two (2) years and five (5) months, the Applicant's appeal
to the Court of Appeal, Criminal Appeal Number 153 of 2003, was
heard and dismissed. At the time of the hearing of this appeal, the
Applicant had not been provided with a copy of the court record. The
Appeal was dismissed for being filed out of time.
30.
On 31 October 2005, the Applicant made an application to the
High
Court
at
Moshi,
vide
Miscellaneous
Criminal
Application
Number 40 of 2005, for leave to file his Notice of Appeal out of time.
The High Court of Tanzania at Moshi granted his Application, on 12
February 2007 and on the same date, the Applicant filed a Notice of
Appeal to the Court of Appeal, being Criminal Appeal Number 217 of
2007. On 28 June 2007, and after the expiry of four (4) years and six
(6) months,
the Applicant
received
the
record
of proceedings
in
Criminal Appeal Number 82 of 1998 at the High Court of Tanzania at
Moshi. On
15 October 2007, Criminal Appeal
Number 217 of 2007
was struck out on the basis that the Notice of Appeal was unsigned
and was filed out of time.
31.
On
7
February
Criminal Case
2008,
the
Applicant
filed
Miscellaneous
Number 3 of 2007 at the High Court of Tanzania at
Moshi seeking that his Notice of Appeal be heard out of time. In the
course
of the
proceedings
for
this
requested
to amend
the application
provisions
applicable
and
application,
the
Applicant
in order to cite the
the Court granted
proper
this application.
The
Court ordered that the Applicant file the amended application before
11 June 2008.
Applicant
In compliance with this order, on 6 June 2008, the
applied
to the
High
Court
of Tanzania
at Moshi
vide