moshi abdallah ipumbu vs republic 2002 tzhc 2018 11 october 2002
A relative, even if a visiting justice of prison, has no locus standi to file an appeal on behalf of a prisoner; further, the absence of a notice of appeal renders the appeal incompetent.
Source-derived case information.
- Citation
- moshi abdallah ipumbu vs republic 2002 tzhc 2018 11 october 2002
- Parties
- Appellant: Moshi s/o Abdallah Mtemelwa; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 11 October 2002
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Locus Standi, Appeal Procedure, Notice of Appeal
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moshi s/o Abdallah Mtemelwa
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether a relative who is a visiting justice of prison has locus standi to file an appeal on behalf of a prisoner
- 2 Whether the appeal is competent in the absence of a notice of appeal
Ratio Decidendi
A relative, even if a visiting justice of prison, has no locus standi to file an appeal on behalf of a prisoner; further, the absence of a notice of appeal renders the appeal incompetent.
Court Disposition
appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT PAR ES SALAAM CRIMINAL APPEAL NO. 71 OF 2001 (Original Criminal Case No. 98 cf 2000 of Utete/Rufiji. HOSHI ABDALLAH IPUMHJ : s 2 APPELLANT VERSUS THE R E P U B L I C J U D G M E N T LUANDA. J : In the District Court of Rufiji sitting at Utete one Moshi s/o Abdallaii Xy*JL Mtemslwa (hereinafter referred to as tJae- Appellant) was charged and convicted with assault causing bodily ia&rmC/S 2&1 of tho Penal Cose. He was sentenced to pay a fine of T*shs.« 40*000/«- oi* 8 months jail in default* The appellant was unable to pay the fine. He went to prison* One Abdulhaflian Htemelwa who is a relative of the "Appellat^t" who claimed to be a visiting justice of prison filed a memo dT of appeal. He said he is filing on behalf of his relative. The question is Is that proper? Ms Maganga Learned State A't'tomey said it is not proper and that the visiting justice of Prison ^ j s no locus standi. She cited of the CP^r 1985 which reads 363* If the appellant is in prison he may present his petition of appeal and the copies accompanying the same to the officer in charge ox the prison who shall there upon forward such petition and copies to the Registrar of the High Court. I quite agree with Ms Maganga. Ms Maganga. went on to say there is no notice of appeal. On persusing the record there is none. In the upshot the so called appeal is incompetent. The same is dismissed. ’ {JUDGE 11/10/2002 2 Judgment read over in the presence Mr* Kamenya State Attorney, i • /\