20171214 TZCA Mwanza

20171214 TZCA Mwanza

The High Court erred in dismissing the appeal without hearing the appellant, violating the right to be heard, and further erred by dismissing rather than striking out the appeal for being out of time; in fact, the appeal was filed in time and should be revived.

Citation
20171214 TZCA Mwanza
Parties
Appellant: Mugendi Manoti; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 December 2017
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal) From High Court Dismissal
Outcome
appeal allowed
Legal Topics
Armed Robbery, Right to Be Heard, Natural Justice, Appeal Procedure, Dismissal Vs Striking Out
Source Language
English
Criminal Law Constitutional Law Procedural Law Armed Robbery Right to Be Heard Natural Justice Appeal Procedure Dismissal Vs Striking Out

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Parties

Mugendi Manoti

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal) From High Court Dismissal

Legal Issues

  1. 1 Whether the High Court erred in dismissing the appeal as out of time instead of striking it out
  2. 2 Whether the appellant was denied the right to be heard before dismissal of his appeal

Ratio Decidendi

The High Court erred in dismissing the appeal without hearing the appellant, violating the right to be heard, and further erred by dismissing rather than striking out the appeal for being out of time; in fact, the appeal was filed in time and should be revived.

Court Disposition

appeal allowed

Orders

  • Order of the High Court dismissing the appeal is quashed and set aside.
  • High Court directed to revive the appellant's appeal and assign it to another judge.