The Appellant was convicted of two counts of causing death
through dangerous driving by a district court. He was sentenced to pay fines of
Tshs. 80,000/= and Tshs. 75,000/= or one-year imprisonment in default in the
two respective counts. In exercise of its revisional jurisdiction the High
Court set aside the sentences and sentenced the Appellant to consecutive terms
of two years’ imprisonment. The Appellant lodged a notice of appeal against the
decision of the High Court on the second day he was arrested and committed to
prison. It transpired that the notice of appeal was lodged out of time
one day after the Appellant knew of the decision of the High Court. The Court
of appeal considered whether or not technically the notice of out of time.