19890304 TZHC Dar es Salaam

19890304 TZHC Dar es Salaam

A witness who is not a party to the trial for restitution of property has no right of appeal under section 358(5) or section 359(1) of the Criminal Procedure Act. The appellant, being a witness and not a party, lacked standing to appeal. Furthermore, no valid notice of intention to appeal was given, rendering the appeal incompetent.

Citation
19890304 TZHC Dar es Salaam
Parties
Appellant: Abdul Ali Issa; 2nd Respondent: Sadrudin Sulemani; 1st Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 March 1989
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objections
Outcome
Appeal dismissed as incompetent
Legal Topics
Right of Appeal, Restitution of Property, Standing, Notice of Appeal, Procedural Competence
Source Language
English
Criminal Law Criminal Procedure Right of Appeal Restitution of Property Standing Notice of Appeal Procedural Competence

Case Brief

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Parties

Abdul Ali Issa

Appellant

Sadrudin Sulemani

2nd Respondent

Republic

1st Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether a witness has the right to appeal an order of restitution under the Criminal Procedure Act
  2. 2 Whether notice of intention to appeal was properly given
  3. 3 Whether the appeal was accompanied by the required judgment or order

Ratio Decidendi

A witness who is not a party to the trial for restitution of property has no right of appeal under section 358(5) or section 359(1) of the Criminal Procedure Act. The appellant, being a witness and not a party, lacked standing to appeal. Furthermore, no valid notice of intention to appeal was given, rendering the appeal incompetent.

Court Disposition

Appeal dismissed as incompetent

Orders

  • Appeal is dismissed for incompetence