20141219 TZHC Dar es Salaam

20141219 TZHC Dar es Salaam

The RM's Court erred in refusing to determine its own jurisdiction and the propriety of the charges during committal proceedings; such issues are legal and must be addressed at the earliest stage. Although the supporting affidavit was defective, the High Court exercised its supervisory jurisdiction to correct the material irregularity by remitting the matter to the RM's Court for determination on the merits.

Citation
20141219 TZHC Dar es Salaam
Parties
Applicant: Farid Hadi Ahmed; Applicant: Jamal Noordin Swalehe; Applicant: Nassor Hamad Abdallah; Applicant: Hassan Bakari Suleiman; Applicant: Anthari Humud Ahmed; Applicant: Mohamed Isihaka Yusuph; Applicant: Abdallah Hassan Hassan @ Jibaba; Applicant: Hussein Mohamed Ally; Applicant: Juma Sadala Juma; Applicant: Said Kasim Ally; Applicant: Hamis Amour Salum; Applicant: Said Amour Salum; Applicant: Abubakar Abdallah Mngodo; Applicant: Salum Ali Salum; Applicant: Salum Amour Salum; Applicant: Alawi Othman Amir; Applicant: Rashid Ali Nyange @ Mapala; Applicant: Amir Hamis Juma; Applicant: Kasim Salum Nassoro; Applicant: Said Shehe Sharifu; Applicant: Mselem Ali Mselem; Applicant: Abdallah Said Ali @ Mdawa; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 December 2014
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Objections and Revisional Jurisdiction
Outcome
Application not struck out; matter remitted to lower court for determination of jurisdiction and propriety of charges.
Legal Topics
Committal Proceedings, Jurisdiction of Subordinate Courts, Defective Affidavits, Supervisory Jurisdiction, Preliminary Objections
Source Language
English
Criminal Law Criminal Procedure Committal Proceedings Jurisdiction of Subordinate Courts Defective Affidavits Supervisory Jurisdiction Preliminary Objections

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

Farid Hadi Ahmed

Applicant

Jamal Noordin Swalehe

Applicant

Nassor Hamad Abdallah

Applicant

Hassan Bakari Suleiman

Applicant

Anthari Humud Ahmed

Applicant

Mohamed Isihaka Yusuph

Applicant

Abdallah Hassan Hassan @ Jibaba

Applicant

Hussein Mohamed Ally

Applicant

Juma Sadala Juma

Applicant

Said Kasim Ally

Applicant

Hamis Amour Salum

Applicant

Said Amour Salum

Applicant

Abubakar Abdallah Mngodo

Applicant

Salum Ali Salum

Applicant

Salum Amour Salum

Applicant

Alawi Othman Amir

Applicant

Rashid Ali Nyange @ Mapala

Applicant

Amir Hamis Juma

Applicant

Kasim Salum Nassoro

Applicant

Said Shehe Sharifu

Applicant

Mselem Ali Mselem

Applicant

Abdallah Said Ali @ Mdawa

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Preliminary Objections and Revisional Jurisdiction

Legal Issues

  1. 1 Whether the affidavit supporting the application was fatally defective for inconsistencies and omissions
  2. 2 Whether the Resident Magistrate's Court erred in declining jurisdiction to determine issues raised during committal proceedings
  3. 3 Whether the High Court should exercise supervisory jurisdiction in light of procedural irregularities

Ratio Decidendi

The RM's Court erred in refusing to determine its own jurisdiction and the propriety of the charges during committal proceedings; such issues are legal and must be addressed at the earliest stage. Although the supporting affidavit was defective, the High Court exercised its supervisory jurisdiction to correct the material irregularity by remitting the matter to the RM's Court for determination on the merits.

Court Disposition

Application not struck out; matter remitted to lower court for determination of jurisdiction and propriety of charges.

Orders

  • Ruling of the RM's Court of 1st October 2014 quashed and set aside.
  • Matter remitted to the RM's Court to determine the issues raised by the applicants on 3rd September 2014 on their merits, including any arising from new charges.