ally madeni vs athumani ramadhani 2010 tzhc 248 19 february 2010

Only the Director of Public Prosecutions has the right to appeal against an acquittal in a criminal case; a private complainant lacks locus standi to do so.

Source-derived case information.

Citation: ally madeni vs athumani ramadhani 2010 tzhc 248 19 february 2010
Parties: Appellant: Ally Madeni; Respondent: Athumani Ramadhani
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 February 2010
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal struck out as incompetent
Legal Topics: Right of Appeal, Appeal Against Acquittal, Locus Standi
Source Language: english

Criminal Law Criminal Procedure Right of Appeal Appeal Against Acquittal Locus Standi

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Ally Madeni

Appellant

Athumani Ramadhani

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether a private complainant has locus standi to appeal against an acquittal in a criminal case
2 Interpretation of section 359 of the Criminal Procedure Code regarding appeals against acquittal

Ratio Decidendi

Only the Director of Public Prosecutions has the right to appeal against an acquittal in a criminal case; a private complainant lacks locus standi to do so.

Court Disposition

appeal struck out as incompetent

Orders

Appeal is struck out.
Appellant may consult the Director of Public Prosecution for further action.

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