gideon wasonga others vs the attorney general others 2021 tzca 3534 23 december 2021

gideon wasonga others vs the attorney general others 2021 tzca 3534 23 december 2021

Failure to serve the notice of appeal on the respondents within 14 days as mandated by Rule 84(1) of the Tanzania Court of Appeal Rules is a fatal procedural defect that renders the appeal incompetent and incapable of being salvaged by the overriding objective principle or by invoking Rule 4(1).

Citation
gideon wasonga others vs the attorney general others 2021 tzca 3534 23 december 2021
Parties
1st Appellant: Gideon Wasonga; 2nd Appellant: Harry Msamile Kitilya; 3rd Appellant: Shose Mori Sinare; 4th Appellant: Sioi Graham Solomon; 1st Respondent: The Attorney General; 2nd Respondent: The Prevention and Combating of Corruption Bureau; 3rd Respondent: The Director of Public Prosecutions
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 December 2021
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Before Court of Appeal
Outcome
Appeal struck out as incompetent with costs.
Legal Topics
Service of Notice of Appeal, Mandatory Procedural Requirements, Overriding Objective Principle, Constitutionality of Statutes, Bail in Economic Crimes
Source Language
English
Criminal Procedure Constitutional Law Appellate Practice Service of Notice of Appeal Mandatory Procedural Requirements Overriding Objective Principle Constitutionality of Statutes Bail in Economic Crimes

Case Brief

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Parties

Gideon Wasonga

1st Appellant

Harry Msamile Kitilya

2nd Appellant

Shose Mori Sinare

3rd Appellant

Sioi Graham Solomon

4th Appellant

The Attorney General

1st Respondent

The Prevention and Combating of Corruption Bureau

2nd Respondent

The Director of Public Prosecutions

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Before Court of Appeal

Legal Issues

  1. 1 Whether failure to serve notice of appeal within 14 days renders the appeal incompetent
  2. 2 Whether preliminary objections raised were pure points of law
  3. 3 Whether the overriding objective principle or Rule 4(1) can cure non-compliance with Rule 84(1)

Ratio Decidendi

Failure to serve the notice of appeal on the respondents within 14 days as mandated by Rule 84(1) of the Tanzania Court of Appeal Rules is a fatal procedural defect that renders the appeal incompetent and incapable of being salvaged by the overriding objective principle or by invoking Rule 4(1).

Court Disposition

Appeal struck out as incompetent with costs.

Orders

  • Appeal struck out for failure to comply with Rule 84(1) of the Tanzania Court of Appeal Rules.
  • Costs awarded to respondents.