20100317 TZCA Dodoma

20100317 TZCA Dodoma

Oral notice of intention to appeal given at the time of judgment is sufficient under section 361(1)(a) of the Criminal Procedure Act; High Court decisions requiring written notice were invalid and misconceived.

Citation
20100317 TZCA Dodoma
Parties
Appellant: Ramadhani Msimbe; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 March 2010
Procedural Posture
Criminal Appeal / Court of Appeal Ruling on Procedural Objections
Outcome
High Court decisions quashed and set aside; appeal remanded to High Court for hearing before a different judge.
Legal Topics
Armed Robbery, Notice of Intention to Appeal, Appeal Procedure, Revisionary Powers
Source Language
English
Criminal Law Criminal Procedure Armed Robbery Notice of Intention to Appeal Appeal Procedure Revisionary Powers

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Parties

Ramadhani Msimbe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Ruling on Procedural Objections

Legal Issues

  1. 1 Whether a written notice of intention to appeal is mandatory under section 361(1)(a) of the Criminal Procedure Act
  2. 2 Whether oral notice of intention to appeal suffices
  3. 3 Validity of High Court decisions striking out appeal and dismissing application for extension of time

Ratio Decidendi

Oral notice of intention to appeal given at the time of judgment is sufficient under section 361(1)(a) of the Criminal Procedure Act; High Court decisions requiring written notice were invalid and misconceived.

Court Disposition

High Court decisions quashed and set aside; appeal remanded to High Court for hearing before a different judge.

Orders

  • Decisions of Lila, J. and Kwariko, J. quashed and set aside.
  • Memorandum of appeal remanded to High Court for hearing according to law by a judge other than those previously involved.