20091012 TZCA Dodoma

In the absence of a formal order transferring the appeal to a Resident Magistrate with extended jurisdiction, the decision rendered was a nullity and must be quashed and set aside.

Citation: 20091012 TZCA Dodoma
Parties: Appellant: Chilingazi Kaje; Appellant: Moses Kanyenya; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 12 October 2009
Procedural Posture: Criminal Appeal / Appeal From High Court to Court of Appeal
Outcome: appeal allowed
Legal Topics: Jurisdiction, Transfer of Cases, Nullity of Proceedings
Source Language: English

Criminal Law Appellate Procedure Jurisdiction Transfer of Cases Nullity of Proceedings

Case Brief

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Parties

Chilingazi Kaje

Appellant

Moses Kanyenya

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court to Court of Appeal

Legal Issues

1 Whether the absence of a formal order transferring the appeal to a Principal Resident Magistrate with extended jurisdiction rendered the decision a nullity

Ratio Decidendi

In the absence of a formal order transferring the appeal to a Resident Magistrate with extended jurisdiction, the decision rendered was a nullity and must be quashed and set aside.

Court Disposition

appeal allowed

Orders

The decision signed by Lyamuya on 3/2/2003 and delivered on 5/2/2003 is declared a nullity, quashed, and set aside.
The appellants are free to pursue their appeal to the High Court according to law.