jarome hamedeus vs republic 2009 tzca 45 28 october 2009

The appeal was dismissed because the appellant's whereabouts were unknown, he had not prosecuted the appeal after release from prison, and indefinite adjournment was not in the interest of justice.

Citation: jarome hamedeus vs republic 2009 tzca 45 28 october 2009
Parties: Appellant: Jarome Hamedus; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 28 October 2009
Procedural Posture: Criminal Appeal / Appeal Before Court of Appeal
Outcome: appeal dismissed with liberty to restore
Legal Topics: Dangerous Driving, Causing Death by Dangerous Driving, Appeal Procedure, Dismissal for Want of Prosecution
Source Language: English

Criminal Law Criminal Procedure Dangerous Driving Causing Death by Dangerous Driving Appeal Procedure Dismissal for Want of Prosecution

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Parties

Jarome Hamedus

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal Before Court of Appeal

Legal Issues

1 Whether the appeal should be dismissed due to the appellant's absence and failure to prosecute

Ratio Decidendi

The appeal was dismissed because the appellant's whereabouts were unknown, he had not prosecuted the appeal after release from prison, and indefinite adjournment was not in the interest of justice.

Court Disposition

appeal dismissed with liberty to restore

Orders

Appeal dismissed under Rule 3(2)(a) of the Rules
Liberty to appellant to restore the appeal if he wishes