kija so langula vs republic 2013 tzhc 2119 20 may 2013

Retrial would be unjust as the applicant has already served fourteen years imprisonment; therefore, the judgment and sentence are quashed by way of revision.

Citation: kija so langula vs republic 2013 tzhc 2119 20 may 2013
Parties: Appellant: Kija s/o Langula; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 May 2013
Procedural Posture: Criminal Appeal / Ruling on Application for Extension of Time and Revision
Outcome: judgment and sentence quashed; applicant to be released unless held on other lawful charges
Legal Topics: Armed Robbery, Extension of Time, Missing Court Records, Revisionary Powers, Retrial
Source Language: English

Criminal Law Appellate Procedure Armed Robbery Extension of Time Missing Court Records Revisionary Powers Retrial

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Parties

Kija s/o Langula

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Application for Extension of Time and Revision

Legal Issues

1 Whether extension of time to appeal should be granted when delay is caused by prison authorities
2 Whether retrial should be ordered when original trial records are missing and the applicant has served substantial sentence

Ratio Decidendi

Retrial would be unjust as the applicant has already served fourteen years imprisonment; therefore, the judgment and sentence are quashed by way of revision.

Court Disposition

judgment and sentence quashed; applicant to be released unless held on other lawful charges

Orders

Applicant to be released forthwith unless held on other lawful charges
Right of appeal explained