inyasi gabriel vs republic 2010 tzca 62 18 march 2010

inyasi gabriel vs republic 2010 tzca 62 18 march 2010

The appellant, being in prison, complied with the law by presenting his petition of appeal to the officer in charge of the prison within the prescribed time. The High Court erred in finding the appeal time barred without properly scrutinizing the record. The proceedings and orders striking out the appeal and refusing extension of time are quashed and set aside.

Citation
inyasi gabriel vs republic 2010 tzca 62 18 march 2010
Parties
Appellant: Inyasi Gabriel; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 March 2010
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection and Revisional Powers
Outcome
proceedings and orders quashed and set aside; matter remitted to High Court for hearing before another judge
Legal Topics
Time Bar in Appeals, Prisoner Appeals, Revisional Jurisdiction
Source Language
English
Criminal Law Appellate Procedure Time Bar in Appeals Prisoner Appeals Revisional Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Inyasi Gabriel

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection and Revisional Powers

Legal Issues

  1. 1 Whether the appellant's appeal to the High Court was time barred
  2. 2 Whether the High Court erred in striking out the appeal as time barred
  3. 3 Whether the Court of Appeal should exercise revisional powers to set aside the High Court's orders

Ratio Decidendi

The appellant, being in prison, complied with the law by presenting his petition of appeal to the officer in charge of the prison within the prescribed time. The High Court erred in finding the appeal time barred without properly scrutinizing the record. The proceedings and orders striking out the appeal and refusing extension of time are quashed and set aside.

Court Disposition

proceedings and orders quashed and set aside; matter remitted to High Court for hearing before another judge

Orders

  • All proceedings and orders in DC. CR. APPEAL No. 18 of 2006 and Misc Cr. Application No.15 of 2007 are quashed and set aside.
  • Matter remitted to the High Court for hearing of the appeal before a different judge.