The Appellant was convicted by the trial District Court of Iringa of the offence of armed robbery and sentenced to serve thirty years in prison. He lodged his appeal, Criminal Appeal No. 103 of 2004 in the High Court at Mbeya. This appeal was dismissed by at the stage of admission, on account of being hopelessly time barred. The first appellate judge reached this conclusion in the absence of both parties in the appeal after finding no evidence confirming whether or not the Appellant ever filed a notice of appeal. The Appellant filed an application seeking extension of time to lodge a notice of appeal but it was also dismissed as the applicant lacked the “overwhelming chances of winning his intended appeal” to this Court. The Appellant was aggrieved by the dismissal of his application. In this appeal, the applicant complains that he was condemned unheard in violation of Article 13(6)(a) of the Constitution of Tanzania.
The Respondent stated that while the notice of appeal indicated that the Appellant was appealing against the decision of the first appellate judge in sustaining his conviction for armed robbery with violence and the sentence of thirty years’ imprisonment, but in fact, the judge, only dismissed the application for extension of time. But he conceded that the judge erred in law in dismissing Criminal Appeal No. 103 of 2004, because the provision of section 361(1) of the Criminal Procedure Act, Cap 20 (the Act), did not require an intended Appellant to lodge a written notice of appeal.