abel anja kazuzya vs republic 2014 tzhc 2085 12 march 2014

abel anja kazuzya vs republic 2014 tzhc 2085 12 march 2014

The court found that since 26.05.2012 was a Saturday (a dies non), and in light of the appellant's explanation and the possibility of a clerical error, the benefit of doubt should be given to the appellant and the notice of appeal deemed to have been filed in time.

Citation
abel anja kazuzya vs republic 2014 tzhc 2085 12 march 2014
Parties
Appellant: Abel Kanja @ Kazuzya; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 March 2014
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Armed Robbery, Notice of Appeal, Limitation Period
Source Language
English
Criminal Law Criminal Procedure Armed Robbery Notice of Appeal Limitation Period

Case Brief

Summary, issues, holding and outcome

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Parties

Abel Kanja @ Kazuzya

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the notice of appeal was filed within the prescribed time under section 361(1)(a) of the Criminal Procedure Act

Ratio Decidendi

The court found that since 26.05.2012 was a Saturday (a dies non), and in light of the appellant's explanation and the possibility of a clerical error, the benefit of doubt should be given to the appellant and the notice of appeal deemed to have been filed in time.

Court Disposition

preliminary objection overruled

Orders

  • The appeal is fixed for hearing on 19.03.2014.