deus samwel another vs the director of public prosecutions 2018 tzca 309 11 december 2018
The appeal is struck out due to the appellants' absence and inability to be served, with liberty to re-institute if they reappear.
Source-derived case information.
- Citation
- deus samwel another vs the director of public prosecutions 2018 tzca 309 11 december 2018
- Parties
- Appellant: Deus Samwel; Appellant: Costantino Sungura; Respondent: Director of Public Prosecutions
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 11 December 2018
- Procedural Posture
- Criminal Appeal / Appellate
- Outcome
- appeal struck out
- Legal Topics
- Appeal Procedure, Striking Out Appeal
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Deus Samwel
Appellant
Costantino Sungura
Appellant
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Appeal / Appellate
Legal Issues
- 1 Whether the appeal should be struck out due to appellants' absence and inability to be served
Ratio Decidendi
The appeal is struck out due to the appellants' absence and inability to be served, with liberty to re-institute if they reappear.
Court Disposition
appeal struck out
Orders
- Appeal struck out under Rule 4(2)(a) of the Tanzania Court of Appeal Rules, 2009
- Appellants at liberty to re-institute appeal if they reappear
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF TANZANIA AT MBEYA (CORAM: MMILLA, J.A., MUGASHA, l.A., And MWAMBEGELE, J.A.) CRIMINAL APPEAL NO. 92 OF 2015 1. DEUS SAMWEL 2. COSTANTINO SUNGURA ......................•......•..••.............. APPELLANTS VERSUS THE DIRECTOR OF PUBLIC PROSECUTIONS ...................•..•...... RESPONDENT (Appeal from the judgment of the High Court of Tanzania, at Sumbawanga.) (Sambo, J.) dated the 17th day of November, 2015 in Criminal Appeal No.5 of 2015 RULING OF THE COURT ifl' December, 2.018 MMILlA, l.A.: When this appeal was called on for hearing today, both appellants were absent and unserved. On the other hand, Mr. Hebel Kihaka, assisted by Ms Rosemary Mgenyi, both learned State Attorneys, appeared for the respondent/Republic. On taking the floor, Mr. Kihaka informed the Court that on the basis of the letter Reference No. 110/RUK/2/VII/118 dated 26th June, 2018 from the Prison 1 Officer, Sumbawanga, the appellants are not in prison because they were released on orders of the High Court, Sumbawanga Registry. He added that because they cannot be traced, he was praying for the appeal to be struck out so that in case they reappear they can still re-institute their appeal. On our part, in view of the letter from the Prison referred to us, and for reasons advanced by Mr. Kihaka, we accede to the prayer for this appeal to be struck out. In the circumstances, we strike out the appeal under Rule 4 (2) (a) of the Tanzania Court of Appeal Rules, 2009. However the appellants will be at liberty to re-institute it in case they re-appear. Order accordingly. DATED at MBEYA this 11th day of December, 2018. B. M. MMILLA JUSTICE OF APPEAL S. E.A. MUGASHA JUSTICE OF APPEAL J. C. M. MWAMBEGELE JUSTICE OF APPEAL A. H. UMI DEPUTY REGISTRAR COURT OF APPEAL 2