IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

IN THE SUB-REGISTRY OF MANYARA

AT BABATI

MISC CRIMINAL APPLICATION NO. 40500 OF 2024

(Originating from District Court Babati in Criminal Case No. 168 0/2017)

AKO BUU.......................................................................... APPLICANT

VERSUS

THE REPUBLIC................................................................ RESPONDENT

RULING

14th March and 12th April 2024

MIRINDO, J.:

Ako Buu was convicted with the offence of armed robbery and accordingly
sentenced by Babati District Court on 17th May 2018. His first appeal to the High
Court was struck out for being lodged out of time. His second appeal to the Court
of Appeal was struck out on 2nd December 2022 for the reason that his appeal to
the High Court was not determined on merit.

Eleven months after the ruling of the Court of Appeal, Ako Buu is before
this Court for an application to extend time within which to appeal against the
decision of the Babati District Court. In his affidavit, he avers that he is a lay
person who depends on prison authorities to facilitate the court process on his
behalf. He had nothing to add at the hearing of the application and left it to this
Court to examine his written application.

The respondent Republic represented by Ms Blandina Henry Msawa.

learned State Attorney contended that there was no good cause for extension of
1
time as envisaged under section 361 (2) of the Criminal Procedure Act [Cap 20
RE 2022]. She pointed out that Ako Buu has not accounted for the eleven months
delay after the ruling of the Court of Appeal.

After reviewing the affidavit in support of the application and the ruling of
the Court of Appeal, it is patently clear that Ako Buu was duly aware that his first
appeal was time-barred and he was supposed to apply for extension of time. It is
evident in the ruling of the Court of Appeal that Ako Buu was present at the
hearing of his “appeal” and there is nothing in his supporting affidavit suggesting
he was absent when the ruling was delivered. In my opinion, Ako Buu is a
hesitant prospective appellant and there is nothing justifying his eleven months
delay to grant him leave to appeal out of time.

For the above reasons, I dismiss the application.

DATED at Babati this 6th day of April, 2024

F.M^IRINDO

JUDGE

COURT: Delivered in the presence of the Applicant in person and Ms Blandina Msawa,
State Attorney for the respondent. B/C: William Makoro (RMA) present.

F.M. MIRINDO

JUDGE

12/4/2024

Right of appeal explained.