emmanuel noa others vs republic 2019 tzca 468 13 december 2019

emmanuel noa others vs republic 2019 tzca 468 13 december 2019

The failure of the trial court to enter a conviction before sentencing was a fatal and incurable irregularity, rendering the judgment and sentence a nullity. Consequently, the first appellate court erred in dismissing the appeal and remitting the file for conviction instead of striking out the appeal. The proper procedure is to nullify the proceedings and judgments of both lower courts and remit the file to the trial court for a proper judgment in compliance with the law.

Citation
emmanuel noa others vs republic 2019 tzca 468 13 december 2019
Parties
Appellant: Emmanuel Noa; Appellant: Shija Jikali; Appellant: Kulwa Luhende; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 December 2019
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed
Legal Topics
Armed Robbery, Conviction and Sentencing, Procedural Irregularity, Nullity of Judgment
Source Language
English
Criminal Law Criminal Procedure Armed Robbery Conviction and Sentencing Procedural Irregularity Nullity of Judgment

Case Brief

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Parties

Emmanuel Noa

Appellant

Shija Jikali

Appellant

Kulwa Luhende

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the failure of the trial court to enter a conviction before sentencing rendered the judgment a nullity
  2. 2 Whether the first appellate court erred in dismissing the appeal and remitting the file for conviction instead of striking out the appeal

Ratio Decidendi

The failure of the trial court to enter a conviction before sentencing was a fatal and incurable irregularity, rendering the judgment and sentence a nullity. Consequently, the first appellate court erred in dismissing the appeal and remitting the file for conviction instead of striking out the appeal. The proper procedure is to nullify the proceedings and judgments of both lower courts and remit the file to the trial court for a proper judgment in compliance with the law.

Court Disposition

appeal allowed

Orders

  • Judgments and sentences of the trial and first appellate courts are nullified and set aside.
  • Order of the trial court dated 8th September, 2016 is quashed and set aside.