muhuli so jibunge vs republic 2013 tzhc 2123 22 march 2013

IN THE HIGH COURT OF TANZANIA

AT TABORA

APPELLANTE JURISDICTION MISC.APPL NO. 17 CF 18 OF 2000 ORIGINAL CRIMINAL CASE NO. 8 OF 1993

OF MEATU DISTRICT COURT DISTRICT

AT MEATU BEFORE: M.R.MLAWA Esq DISTRICT RESIDENT MAGISTRATE MUHULI S/O JIBUNGE........................................APPELLANT (Original Accused)

VERSUS THE REPUBLIC...................................................RESPONDENT (Original prosecutor)

RULING The applicant Muhuli Jibunge and Njile Mayinga were on 1/3/94 convicted by Meatu District Court on. a charge of Robbery with violence contrary to section 285 and 286 of the penal Code and each sentenced to served thirty years imprisonment and twelve strokes of the cane. They were also ordered to pay compensation of Shs 803,400/= to the victim. The applicant was aggrieved, and he realized that he was time barred to lodge an appeal. l The reason for delay was a failure to obtain a copy of Judgment from Meatu District Court. So far the original record from the Meatu District Court could not be traced. The applicant has s6 far served eighteen years imprisonment. It is trite law that when the original record goes missing the matter should be ordered to be re-heard. In the instant case, an order for retrial will not serve the best interests of justice, given the fact that the applicant has already served eighteen years imprisonment. I therefore by way of revision quash the Judgment and set aside the sentence imposed on the applicant and his co-accused. I therefore order an immediate release from prison of the applicant MUHULI JIBUNGE and NJILE MAYINGA unless held therein and other lawful charges. 2 Order accordingly.

JUDGE 22//5/2013 Date: 22/5/2013 Coram: Hon. S.B. Lukqlelwa, Judge 1st Applicant: Present 2nd Applicant: Absent Respondent: Mr.Nestory Paschal -State Attorney Who is present. B/Clerk: Mary Mpululu Order: Ruling delivered in Court this 22nd May, 2013 Right of appeal explained. 22/3/2013