19961220 TZHC Dar es Salaam

19961220 TZHC Dar es Salaam

The appeal is premature before the High Court because the appellants did not first apply to the trial court to set aside the conviction under Section 226(2) of the CPA, 1985. The High Court lacks jurisdiction until that remedy is exhausted.

Citation
19961220 TZHC Dar es Salaam
Parties
Appellant: Adam Saidi Mihani; Appellant: Another (2nd Appellant); Respondent: The Republic; Respondent Advocate: Mr. Kamugisha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 December 1996
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal struck out as premature for lack of jurisdiction.
Legal Topics
Armed Robbery, Grievous Harm, Right to Be Heard, Natural Justice, Sentencing, Absence of Accused, Jurisdiction
Source Language
English
Criminal Law Appellate Procedure Armed Robbery Grievous Harm Right to Be Heard Natural Justice Sentencing Absence of Accused +1 more

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Parties

Adam Saidi Mihani

Appellant

Another (2nd Appellant)

Appellant

The Republic

Respondent

Mr. Kamugisha

Respondent Advocate

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellants were denied the right to defend themselves as required under Section 231 of the Criminal Procedure Act, 1985
  2. 2 Whether the trial court erred in proceeding in the absence of the accused under Section 226 of the CPA, 1985
  3. 3 Whether the High Court has jurisdiction to entertain the appeal before exhaustion of remedies under Section 226(2) CPA

Ratio Decidendi

The appeal is premature before the High Court because the appellants did not first apply to the trial court to set aside the conviction under Section 226(2) of the CPA, 1985. The High Court lacks jurisdiction until that remedy is exhausted.

Court Disposition

Appeal struck out as premature for lack of jurisdiction.

Orders

  • The 2nd appellant is sentenced to 3 years imprisonment for grievous harm.
  • The sentence of 3 years for grievous harm for each appellant is to run concurrently with the sentence of 30 years imprisonment imposed for the 2nd count of armed robbery.