19961220 TZHC Dar es Salaam

19961220 TZHC Dar es Salaam

The High Court lacks jurisdiction to entertain the appeal on the ground of being condemned unheard 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 appeal is therefore premature and must be struck out.

Citation
19961220 TZHC Dar es Salaam
Parties
Appellant: Adam Saidi Rutian; Appellant: Ateuhani; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 December 1996
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in District Court
Outcome
Appeal struck out for want of jurisdiction; sentences clarified under revisional powers.
Legal Topics
Armed Robbery, Grievous Harm, Right to Be Heard, Natural Justice, Concurrent and Consecutive Sentencing, Jurisdiction, Setting Aside Conviction in Absence
Source Language
English
Criminal Law Criminal Procedure Armed Robbery Grievous Harm Right to Be Heard Natural Justice Concurrent and Consecutive Sentencing Jurisdiction +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Adam Saidi Rutian

Appellant

Ateuhani

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence in District Court

Legal Issues

  1. 1 Whether the appellants were denied the right to defend themselves as required under Section 231 of the CPA, 1985
  2. 2 Whether the trial court erred by 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, 1985

Ratio Decidendi

The High Court lacks jurisdiction to entertain the appeal on the ground of being condemned unheard 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 appeal is therefore premature and must be struck out.

Court Disposition

Appeal struck out for want of jurisdiction; sentences clarified under revisional powers.

Orders

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