eva temotheo ernest v republic 2023 tzhc 20423 21 august 2023

eva temotheo ernest v republic 2023 tzhc 20423 21 august 2023

The appeal is incompetent because the appellant was convicted in absentia and the proper remedy is to apply to the trial court to set aside the ex parte judgment under Section 226(2) of the Criminal Procedure Act. The High Court cannot entertain the appeal at this stage.

Citation
eva temotheo ernest v republic 2023 tzhc 20423 21 august 2023
Parties
Appellant: Eva Temotheo @ Ernest; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 August 2023
Procedural Posture
Criminal Appeal / Ruling on Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Grave Sexual Abuse, Trial in Absentia, Right to Be Heard, Appeal Competence, Ex Parte Judgment, Limitation Period
Source Language
English
Criminal Law Criminal Procedure Grave Sexual Abuse Trial in Absentia Right to Be Heard Appeal Competence Ex Parte Judgment Limitation Period

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Parties

Eva Temotheo @ Ernest

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Competence of Appeal

Legal Issues

  1. 1 Whether the appeal is competent before the High Court when the conviction was in absentia under Section 226(2) of the Criminal Procedure Act
  2. 2 Whether the appellant was denied the right to be heard
  3. 3 Whether the appeal was filed within the prescribed limitation period

Ratio Decidendi

The appeal is incompetent because the appellant was convicted in absentia and the proper remedy is to apply to the trial court to set aside the ex parte judgment under Section 226(2) of the Criminal Procedure Act. The High Court cannot entertain the appeal at this stage.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out for incompetence.
  • Appellant at liberty to apply to the trial court to set aside the ex parte judgment and be heard in accordance with the law.