boaz barnabas vs republic 2007 tzhc 380 4 april 2007

boaz barnabas vs republic 2007 tzhc 380 4 april 2007

The ruling appealed against was a preliminary or interlocutory decision that did not finally determine the criminal charge; therefore, under Section 359(3) of the Criminal Procedure Act as amended, no appeal lies against such a decision.

Citation
boaz barnabas vs republic 2007 tzhc 380 4 april 2007
Parties
Applicant: Boaz Barnabas; Applicant: Amina Ismail; Applicant: Erick Mulmga; Applicant: Godfrey Sylvanus; Applicant: Respicius Byonyu; Applicant: Hosea Mshumbusi; Applicant: Gaspari Titus; Applicant: Vitalis Dens; Applicant: Erick Shabani Paul Mbuzi; Applicant: Sylvanus Wilbard Contort Athanas; Applicant: Dickson Kakolaki; Applicant: Devotha Baziwane; Applicant: Mayunga Suleman; Applicant: Kwizera Ernest; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 April 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Interlocutory Order
Outcome
appeal dismissed
Legal Topics
Appealability of Interlocutory Orders, Substitution of Charge Sheet, Time Limits for Prosecution, Preliminary Objections
Source Language
English
Criminal Procedure Appealability of Interlocutory Orders Substitution of Charge Sheet Time Limits for Prosecution Preliminary Objections

Case Brief

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Parties

Boaz Barnabas

Applicant

Amina Ismail

Applicant

Erick Mulmga

Applicant

Godfrey Sylvanus

Applicant

Respicius Byonyu

Applicant

Hosea Mshumbusi

Applicant

Gaspari Titus

Applicant

Vitalis Dens

Applicant

Erick Shabani Paul Mbuzi

Applicant

Sylvanus Wilbard Contort Athanas

Applicant

Dickson Kakolaki

Applicant

Devotha Baziwane

Applicant

Mayunga Suleman

Applicant

Kwizera Ernest

Applicant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Interlocutory Order

Legal Issues

  1. 1 Whether the ruling dismissing the preliminary objection is appellable under the Criminal Procedure Act as amended
  2. 2 Whether the District Court was correct to admit the substituted charge sheet after expiry of statutory time without required certificates

Ratio Decidendi

The ruling appealed against was a preliminary or interlocutory decision that did not finally determine the criminal charge; therefore, under Section 359(3) of the Criminal Procedure Act as amended, no appeal lies against such a decision.

Court Disposition

appeal dismissed

Orders

  • District Court Criminal Case No. 386/2005 file to be remitted back for trial to proceed