binaisa phares sumwa rasta others vs republic 2017 tzca 150 25 august 2017

binaisa phares sumwa rasta others vs republic 2017 tzca 150 25 august 2017

Appellants complied with statutory requirements for lodging appeal; High Court erroneously struck out appeal by failing to exclude time required for obtaining judgment copy; Court of Appeal invoked revisional powers to quash and set aside erroneous orders and directed hearing of consolidated appeal.

Citation
binaisa phares sumwa rasta others vs republic 2017 tzca 150 25 august 2017
Parties
Appellant: Binaisa Phares Sumwa Rasta; Appellant: Peter Mussa Makenge @ Chongo; Appellant: Alphonce Charles @ Dogo Mzee; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 August 2017
Procedural Posture
Criminal Appeal / Court of Appeal Ruling on Appeal From High Court Decision
Outcome
Appeal allowed; High Court orders quashed and set aside
Legal Topics
Extension of Time, Computation of Limitation Period, Striking Out Appeal, Revisional Jurisdiction
Source Language
English
Criminal Law Appellate Procedure Extension of Time Computation of Limitation Period Striking Out Appeal Revisional Jurisdiction

Case Brief

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Parties

Binaisa Phares Sumwa Rasta

Appellant

Peter Mussa Makenge @ Chongo

Appellant

Alphonce Charles @ Dogo Mzee

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Ruling on Appeal From High Court Decision

Legal Issues

  1. 1 Whether the High Court correctly struck out the consolidated appeal as time-barred
  2. 2 Whether appellants complied with statutory requirements for lodging appeal
  3. 3 Whether subsequent applications and orders were valid

Ratio Decidendi

Appellants complied with statutory requirements for lodging appeal; High Court erroneously struck out appeal by failing to exclude time required for obtaining judgment copy; Court of Appeal invoked revisional powers to quash and set aside erroneous orders and directed hearing of consolidated appeal.

Court Disposition

Appeal allowed; High Court orders quashed and set aside

Orders

  • Quash and set aside High Court's order striking out consolidated appeal
  • Quash and set aside proceedings and decisions in Miscellaneous Criminal Applications Nos. 24 of 2008 and 28 of 2009