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Tanzania Judgment

TANZLII

Benedict Shauri v Chrispin Shauri

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

There is a prima facie case of illegality as the matter may border on a land dispute, justifying extension of time to appeal.

Court disposition

Application granted

Orders

  • Applicant to lodge appeal within thirty days from the date of this ruling

02

Material facts

Parties

Benedict Shauri

Applicant Counsel: Festo Jackson

Chrispin Shauri

Respondent

Amounts and remedies

  • Time Granted to Lodge Appeal: 30

03

Procedural history

  1. Posture

    Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The evidence at trial suggests the matter was a land dispute, not a criminal case, and thus the Primary Court lacked jurisdiction.
Respondent
The matter was a criminal case, not a land dispute, and the land dispute had already been decided in a previous civil appeal.

05

Court’s reasoning

  1. 01

    Judicial precedent

    Extension of time may be granted where there is a prima facie case of illegality.

  2. 02

    General legal principle

    Jurisdiction must be properly established for a court to determine a matter.

06

Ratio, limits and disposition

Ratio decidendi

There is a prima facie case of illegality as the matter may border on a land dispute, justifying extension of time to appeal.

Court disposition

Application granted

  • Applicant to lodge appeal within thirty days from the date of this ruling

Source and reliance status

TANZLII · 13 December 2024

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Judgment text

The complete available source text.

Source document

TANZLII

Judgment· 13 December 2024

Benedict Shauri v Chrispin Shauri

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MANYARA

AT BABATI (PC) MISCELLANEOUS CRIMINAL APPLICATION NO. 27515 OF 2024 (Arising from the decision of the Criminal Appeal No. 6 of 2023 in Babati District Court and originating from Criminal Case No. 3 of 2022 of Ufana Primary Court) BENEDICT SHAURI .................................................................APPLICANT

VERSUS CHRISPIN SHAURI .............................................................RESPONDENT

RULING 11th and 13th December 2024 MIRINDO, J.: Benedict Shauri was charged with and convicted of theft by Ufana Primary Court in Babati District within Manyara Region. His appeal to Babati District was unsuccessful. He is now applying for leave of the High Court at Babati to lodge his appeal out of time. Before this Court he was represented by Mr. Festo Jackson. The respondent, Chrispin Shauri appeared in person. Mr. Jackson contended that the evidence adduced at the trial court strongly suggests that this was more of a land dispute than a criminal case. For that reason, the Ufana Primary Court had no jurisdiction to determine it. Chrispin Shauri argued that this was a criminal case and not a land dispute. He pointed out that the land dispute had been dealt with in Chrispin Shauri v Benedict 1 Shauri, (PC) Civil Appeal No. 25 of 2003 before the High Court at Arusha. He supplied a copy of that judgment as part of his arguments. Having looked at the nature of the evidence adduced, I have concluded that there is a prima facie case of illegality as the case might border on land dispute and therefore justifies extension of time to appeal. Accordingly, the application is granted with the direction that the applicant lodge his appeal within thirty days from the date of this ruling. DATED at BABATI this 13th day of December 2024 F.M. MIRINDO

JUDGE COURT: Ruling delivered in chambers this 13th day of December,2024 in the presence of both parties. B/C: Ms. Anna Mathayo (RMA) present. F.M. MIRINDO

JUDGE COURT: Right of appeal explained. F.M. MIRINDO

JUDGE 13/12/2024 2

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Chrispin Shauri v Benedict Shauri, (PC) Civil Appeal No. 25 of 2003, High Court at Arusha

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