19810907 TZCA Dar es Salaam

19810907 TZCA Dar es Salaam

The leave to appeal was granted based on a mistaken belief that three magistrates presided over the trial; in fact, only two did, and the procedure complied with the law. Therefore, the appeal is incompetent.

Citation
19810907 TZCA Dar es Salaam
Parties
Appellant: Maurice Mikala; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 September 1981
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal struck out as incompetent
Legal Topics
Stealing by Public Servant, Leave to Appeal, Trial Procedure
Source Language
English
Criminal Law Procedure Stealing by Public Servant Leave to Appeal Trial Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Maurice Mikala

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the trial was presided over by more than one magistrate in contravention of section 196(1) of the Criminal Procedure Code
  2. 2 Whether leave to appeal was properly granted based on a question of law

Ratio Decidendi

The leave to appeal was granted based on a mistaken belief that three magistrates presided over the trial; in fact, only two did, and the procedure complied with the law. Therefore, the appeal is incompetent.

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out