(b) where the accused appears on any subsequent date to which the
proceedings may have been adjourned, the proceedings under this section on
the day or days on which the accused was absent shall not be invalid by reason
only of his absence."
28.
Following the dismissal on 23 March 2000, of the Applicant's
Appeal to the High Court of Tanzania at Moshi in Criminal Case
Number 82 of 1998, the Applicant filed his Notice of Appeal at tha
Court of Appeal of Tanzania at Moshi on the same date. The
Applicant subsequently filed his appeal on 17 April 2003, which was
registered as Criminal Appeal Number 153 of 2003.
29.
In order to prosecute this appeal, on 23 April 2003, the
Applicant wrote to the High Court requesting for the court record of
the proceedings at the High Court in Criminal Case Number 82 of
1998. On 27 January 2004, the Applicant wrote to the Court of
Appeal requesting the same, and again on 5 August 2004, 1 to the
Registrar of the High Court at Moshi. On 13 September 2004, he
wrote a letter to the Registrar of the Court of Appeal requesting a
copy of the court record of proceedings at the High Court. On 19
October 2004, the Applicant filed a complaint with the Commission
for Human Rights and Good Governance of Tanzania for failure to
be furnished with copies of the court record. 2 On 17 June 2005, he
wrote a further letter to the Registrar of the Court of Appeal regard in~~
1
This is the letter wherein the Applicant makes reference to the letters of 23 April 2003
and 27 January 2004.
2
This is deduced from the Commission's letter of acknowledgment dated 23 November
2004, of the Applicant's letter of 19 October 2004.
14