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. Th~ 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 200"1 was struck out on the basis that the Notice of Appeal was unsigned and was filed out of time. 31. On 7 February 2008, the Applicant filed Miscellaneous Criminal Case Number 3 of 2007 at the High Court of Tanzania at Moshi seeking that his Notice ofAppeal be heard out of time. In the course of the proceedings for this application, the Applicant requested to amend the application in order to cite the proper provisions applicable and the Court granted this application. The Court ordered that the Applicant file the amended application before 11 June 2008. In compliance with this order, on 6 June 2008, the Applicant applied to the High Court of Tanzania at Moshi vid~ 15