Benedict Shauri v Chrispin Shauri
- Citation
- Benedict Shauri v Chrispin Shauri
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 13 December 2024
- Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
- Language
- English
More details
- Court
- TANZLII
- Decision
- 13 December 2024
- Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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 JacksonChrispin Shauri
RespondentAmounts and remedies
- Time Granted to Lodge Appeal: 30
03
Procedural history
Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
04
Questions and positions
Legal issues
- 01
Whether the applicant should be granted extension of time to appeal out of time
- 02
Whether the original case was a criminal matter or a land dispute
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
Legal principles
- 01
Judicial precedent
Extension of time may be granted where there is a prima facie case of illegality.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 13 December 2024
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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