20131129 TZCA Arusha

IN THE COURT OF APPEAL OF TANZANIA ATARUSHA {CORAM: KIMARO, J.A., MASSATI, J.A., And MMILLA, J.A.) CRIMINAL APPEAL NO. 1 OF 2013 NAGUNWA PETER TAISON .......................•.......................... APPELLANT VERSUS THE REPUBLIC ·····••1&••······································· ................ RESPONDENT {Appeal from the decision of the High Court of Tanzania At Arusha) {Sambo, J.) dated the 2 nd day of lune, 2012 in Criminal Appeal No. 4 of 2011 RULING OF THE COURT MMILLA, J.A.: The appellant, Nagunwa Peter @ Tyson had, vide the services of Mr. Boniface Joseph, learned advocate filed a Notice of Appeal with a view of contesting the decision ·of the High Court of Tanzania at Arusha in a Criminal Sessions case. The appeal was coming for hearing today. However Mr. Hangi Chang'a, learned State Attorney for the respondent/Republic filed a Notice of Preliminary objection in which the \ 1 lone ground raised challenged that the appeal is incompetent for being . incurably defective. Upon being served with the said Notice of Preliminary Objection, the learned defence counsel conceded that it was indeed defective for having cited in the Notice of Appeal; Criminal Case No. 32 of 2012 as being the case against which the appeal is being sought, instead of Criminal Session Case No. 4 of 2012. He has urged the court to strike it out so that they may think of starting afresh, a view which Mr. Hangi Chang'a agreed to. There is no gainsaying that since the notice of appeal has cited a wrong case as being the one against which the appeal was intended instead of the proper one which is Criminal Sessions Case No. 4 of 2012, the notice of appeal is incompetent. In view thereof, we have no better option but to strike it out as we accordingly do. 2 DATED at ARUSHA this 29th day of November, 2013. N.P. KIMARO JUSTICE OF APPEAL S.A. MASSATI JUSTICE OF APPEAL B.M. MMILLA JUSTICE OF APPEAL I certify that this is a true copy of the original. wizu EPUTY REGISTRAR COURT OF APPEAL 3