deogratius so benedict komba and three others vs republic 2020 tzhc 4562 3 december 2020

deogratius so benedict komba and three others vs republic 2020 tzhc 4562 3 december 2020

The application for revision was dismissed as it was prematurely brought against an interlocutory order that did not finally determine the criminal charge, contrary to section 372(2) of the CPA.

Citation
deogratius so benedict komba and three others vs republic 2020 tzhc 4562 3 december 2020
Parties
Applicant: Deogratius s/o Benedict @ Komba; Applicant: Kenedey s/o Kundael @ Mlay; Applicant: Theophilius s/o Ernest @ Kahigwa; Applicant: Wesley s/o Kaleshu @ Mwemezi; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 December 2020
Procedural Posture
Criminal Revision / Ruling on Preliminary Objection
Outcome
application dismissed
Legal Topics
Revision of Interlocutory Orders, Prima Facie Case, Obtaining Goods by False Pretence, Citation of Law Editions
Source Language
English
Criminal Law Criminal Procedure Revision of Interlocutory Orders Prima Facie Case Obtaining Goods by False Pretence Citation of Law Editions

Case Brief

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Parties

Deogratius s/o Benedict @ Komba

Applicant

Kenedey s/o Kundael @ Mlay

Applicant

Theophilius s/o Ernest @ Kahigwa

Applicant

Wesley s/o Kaleshu @ Mwemezi

Applicant

The Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for revision is competent against an interlocutory order under section 372 of the CPA
  2. 2 Whether citing the Revised Edition 2019 of the CPA renders the application incompetent

Ratio Decidendi

The application for revision was dismissed as it was prematurely brought against an interlocutory order that did not finally determine the criminal charge, contrary to section 372(2) of the CPA.

Court Disposition

application dismissed

Orders

  • Application for revision is dismissed for being prematurely brought before the court.
  • Case file to be remitted back to the trial court for proceedings on merit.