20190522 TZHC Dar es Salaam2
- Citation
- 20190522 TZHC Dar es Salaam2
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 22 May 2019
- Posture
- Criminal Appeal / Ruling on Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 22 May 2019
- Posture
- Criminal Appeal / Ruling on Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the original file could not be traced or reconstructed, and given the appellants had spent about 18 years in jail, the interests of justice required setting aside the conviction and ordering their release.
Court disposition
appeal allowed
Orders
- conviction and sentence set aside
- immediate release of appellants unless held for other lawful reason
02
Material facts
Parties
Iddi Rashid
AppellantMpeka Mohamed
AppellantThe Republic
RespondentAmounts and remedies
- Years Spent in Jail: 18
03
Procedural history
Posture
Criminal Appeal / Ruling on Appeal
04
Questions and positions
Legal issues
- 01
Whether the conviction and sentence can stand in absence of the original court file and record
- 02
Whether continued incarceration is justified given the loss of records and time served
Party arguments
- Applicant
- Appellants argued for their release due to the inability to prosecute their appeal as the court file was missing and they had already spent about 18 years in jail.
- Respondent
- No substantive respondent argument is recorded in the ruling.
05
Court’s reasoning
Legal principles
- 01
court's inherent powers and interest of justice
Where the court record is irretrievably lost and cannot be reconstructed, and the accused has served a substantial period in custody, the interests of justice may require release.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the original file could not be traced or reconstructed, and given the appellants had spent about 18 years in jail, the interests of justice required setting aside the conviction and ordering their release.
Court disposition
appeal allowed
- conviction and sentence set aside
- immediate release of appellants unless held for other lawful reason
Source and reliance status
TZHC · 22 May 2019
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 22 May 2019
.'
IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) .
AT DAR ES SALAAM CRIMINAL APPEAL NO 187 OF 2017 (Originating from Kibaha District Court Criminal Case No. 25 of 2000) IDDI RASHID .................................................................... 1ST APPELLANT MPEKA MOHAMED ............................................................ 2ND APPELLANT
VERSUS THE REPUBLIC ................................................................ RESPONDENT
RULING The little that I can gather' from the decisions annexed to the Appellants joint petition of appeal is that Appellants were convicted of the offence of robbery with violence contrary to section 285 and 286 of the Penal Code on 03/07/2001. Since that time they have been trying to appeal without success due to non-availability of the court file which appears to have been misplaced before this court. Close reading of the decisions annexed; i.e. Misc. Criminal Appeal No. 43 of 2002 and Criminal Application No. 3 of 2003 show that the Appellants' initial appeal was struck out by Justice Luanda (as he then was). Probably the file disappeared form that time. Considering the attempts employed to trace the file which might have been 1 .i misplaced in the process of prosecuting the mentioned applications, { I see no possibility of this file been traced or even the record been reconstructed. Regard being had to the time that Appellants have spent in jail i.e. about 18 years, I am satisfied that it has saved the interest of justice in all respects. Consequently, I allow their appeal set aside the sentencJand order for their immediate release from rison unless for other la/ ful reason. - .. -- t; :tl -~ .... , ........ ~o~_!:!r '·,,_._ z''A.. ~,- -~ 0.....,,: n•\ .• .· C, ·"' A\ \ l,~:, ,.,{t 1 :u / Ju '\~ .· •..... ,,_. '•,.. ~/ \";( -J~ 22/0 "'···-.* ·----~/' 2
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