20191212 TZCA Tabora2

20191212 TZCA Tabora2

The trial court's failure to convict the appellants before sentencing rendered its judgment a nullity; the appellate judge's procedure in dismissing the appeal and remitting the file was improper. The proper course was to strike out the appeal and remit the record for a proper judgment in compliance with the law.

Citation
20191212 TZCA Tabora2
Parties
Appellant: Emmanuel Noa; Appellant: Shija Jikali; Appellant: Kulwa Luhende; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 December 2019
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; trial and appellate court judgments and sentences nullified and set aside; file remitted for proper judgment.
Legal Topics
Armed Robbery, Conviction and Sentencing, Procedural Irregularity, Appeal Process
Source Language
English
Criminal Law Criminal Procedure Armed Robbery Conviction and Sentencing Procedural Irregularity Appeal Process

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Parties

Emmanuel Noa

Appellant

Shija Jikali

Appellant

Kulwa Luhende

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether failure to enter conviction before sentencing renders the judgment a nullity
  2. 2 Whether the appellate judge's procedure in dismissing the appeal and remitting the file was proper

Ratio Decidendi

The trial court's failure to convict the appellants before sentencing rendered its judgment a nullity; the appellate judge's procedure in dismissing the appeal and remitting the file was improper. The proper course was to strike out the appeal and remit the record for a proper judgment in compliance with the law.

Court Disposition

Appeal allowed; trial and appellate court judgments and sentences nullified and set aside; file remitted for proper judgment.

Orders

  • Judgment and sentences of trial court set aside
  • Judgment and proceedings of High Court set aside