hamisi ally others vs republic 2016 tzca 963 20 april 2016

IN THE COURT OF APPEAL OF TANZANIA AT DODOMA fCORAM: KILEO. J.A.. ORIYO. J.A.. And JUMA, J.A.^ CRIMINAL APPEAL NO. 596 OF 2015 1. HAMISI ALLY 2. HAMISI ISSA 3. KHALID HAMIS APPELLANTS 4. ABUBAKARY JUMANNE VERSUS THE R E P U B L IC .................................................................... RESPONDENT (Appeal from the decision of the Resident Magistrate Court of Singida at Singida) fW.E. Lema. PRM fExt. Jurisdiction^ dated the 8th day of December, 2015 in PRM. Criminal Appeal No. 47 of 2015 JUDGMENT OF THE COURT Rule 39 f6^ Court of Appeal Rules. 2009 KILEO, J.A.: Having given due consideration to the grounds of appeal filed by the four appellants, having heard Ms. Chivanenda Luwongo, learned State Attorney who supported the appeal, and having considered all the circumstances of the case we have come to the settled view that the appeal was filed with good cause. In the circumstances, in terms of Rule 39 (6) of the Court of Appeal Rules, 2009 we allow the appeal by Hamisi Ally, Hamisi Issa, Kalid Hamisi and Abubakary Jumanne. Conviction entered against the appellants is quashed and sentence imposed is set aside. The appellants are to be released from custody forthwith unless they are held therein for some lawful cause. Reasons for our judgment will be given on a date to be specified. Order accordingly. DATED at DODOMA this 20th day of April, 2016. E.A. KILEO JUSTICE OF APPEAL K.K. ORIYO JUSTICE OF APPEAL I.H. JUMA JUSTICE OF APPEAL I certify that this is a true copy of the original. 2