denis daniel werema vs the republic 2000 tzca 5 1 december 2000
- Citation
- denis daniel werema vs the republic 2000 tzca 5 1 december 2000
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZCA
- Decision
- 1 December 2000
- Posture
- Criminal Appeal / Appeal From Conviction and Sentence
- Language
- English
More details
- Court
- TZCA
- Decision
- 1 December 2000
- Posture
- Criminal Appeal / Appeal From Conviction and Sentence
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal did not raise any points of law as required by statute and rules, but was not incompetent; it was dismissed for lack of merit.
Court disposition
appeal dismissed
Orders
- appeal dismissed in its entirety
02
Material facts
Parties
Denis Daniel Wekema
AppellantThe Republic
Respondent Counsel: Mr. Feleshi03
Procedural history
Posture
Criminal Appeal / Appeal From Conviction and Sentence
04
Questions and positions
Legal issues
- 01
Whether the grounds of appeal raised points of law as required by section 6(7)(a) of the Appellate Jurisdiction Act, 1979
- 02
Whether the appeal was incompetent or merely without merit
Party arguments
- Applicant
- The grounds of appeal included claims that no witness testified to the giving of a bribe and that the appellant's defence was extracted by force.
- Respondent
- The appeal was incompetent for lacking points of law and should be struck out under section 6(7) of the Appellate Jurisdiction Act and Rule 65(2) of the Court Rules.
05
Court’s reasoning
Legal principles
- 01
Section 6(7)(a) of the Appellate Jurisdiction Act, 1979
Appeals in criminal proceedings from subordinate courts must be on matters of law, not fact, and points of law must be specified in the grounds of appeal.
- 02
General appellate procedure
An incompetent appeal is one not authorised by law or brought without complying with procedure.
06
Ratio, limits and disposition
Ratio decidendi
The appeal did not raise any points of law as required by statute and rules, but was not incompetent; it was dismissed for lack of merit.
Court disposition
appeal dismissed
- appeal dismissed in its entirety
Source and reliance status
TZCA · 1 December 2000
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZCA
Judgment· 1 December 2000
IN THE COUST OF APPEAL OF TANZANIA
AT MWANZA (CORAM: KISANGA, J.A., LUBUVA, J.A., And LUGAKINGIRA, J.A.), CRIMINAL APPEAL NO. 38 OF 1995
BETWEEN DENIS DANIEL WEKEMA ................... APPELLANT^ AND THE REPUBLIC . RESPONDENT (Appeal from the conviction of the High Court of Tanzania at Mwanza) (Chipeta, J.) dated the 15 th July, 199 ^ in Criminal Appeal No. 38^ of 1992
JUDGMENT OF THE COURT LUGAKINGIRA, J.A. This appeal is from the decision of the High Court sitting at Mwanza which upheld the appellant's conviction on a charge of corrupt transaction and sentence of five years’ imprisonment. The appellant elected not to be present at the hearing and it seems he has completed the sentence. Mr. Feleshi who appeared for the respondent Republic submitted that the appeal was incompetent for lacking points of lav/ and prayed that it be struck out. Pie cited section 6 (7) of the Appellate Jurisdiction Act, No, 15 of 1979, and Rule 65 (2) of the Court Rules. We have examined the grounds of appeal carefully and agree with learned counsel that they do not raise any point of law but contain quite a lot of nonsense. This includes the claim that no witness whatsoever testified on the giving of a bribe to the appellant, the claim that the appellant's defence was extracted by force, and a lot more of such to which it is not necessary to refer.* 2 Section 6 (7) (a) of Act No. 15 of 1979 requires an appeal in criminal proceedings originating from a subordinate court to be on matters of law but not on matters of fact. The points of law are to be specified in the grounds of appeal set forth in accordance with Rule 65 (2). We are satisfied that this appeal does not satisfy these requirements but we do not agree with learned counsel that the appeal is incompetent. An incompetent appeal is one not authorised by law or, if authorised by law, one brought without complying with procedure,, This appeal suffers neither the former disability nor the latter defect, It simply has no merits and, therefore, cannot be struck out but ought to be dismissed. It is accordingly dismissed in its entirety. DATED at MWANZA this 1st day of December, 2000.
JUSTICE OF APPEAL
JUSTICE OF APPEAL / K.S„K. LUGAKINGIRA JUSTICE OF APPEAL, I certify that this is a true copy of the original.
SENIOR DEPUTY REGISTRAR
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