mathias abel vs republic 2021 tzca 376 17 august 2021
The appeal was not time barred as the appellant presented his petition to the officer in charge of prison within the prescribed period, fulfilling his legal responsibility under section 363 of the Criminal Procedure Act. Any delay in filing was attributable to the prison authorities, not the appellant.
- Citation
- mathias abel vs republic 2021 tzca 376 17 august 2021
- Parties
- Appellant: Mathias Abel; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 17 August 2021
- Procedural Posture
- Criminal Appeal / Appeal From High Court Dismissal for Being Time Barred
- Outcome
- appeal allowed
- Legal Topics
- Armed Robbery, Appeal Procedure, Prisoner Rights, Time Bar
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mathias Abel
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court Dismissal for Being Time Barred
Legal Issues
- 1 Whether the appeal was time barred under section 363 of the Criminal Procedure Act
- 2 Whether the appellant discharged his responsibility by presenting the petition to the prison officer
- 3 Whether the High Court erred in dismissing the appeal for being filed out of time
Ratio Decidendi
The appeal was not time barred as the appellant presented his petition to the officer in charge of prison within the prescribed period, fulfilling his legal responsibility under section 363 of the Criminal Procedure Act. Any delay in filing was attributable to the prison authorities, not the appellant.
Court Disposition
appeal allowed
Orders
- quash the order of dismissal
- restore the appeal in DC Criminal Appeal No. 55 of 2016
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