19790514 TZHC Mbeya
- Citation
- 19790514 TZHC Mbeya
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 14 May 1979
- Posture
- Criminal Appeal / Summary Dismissal
- Language
- English
More details
- Court
- TZHC
- Decision
- 14 May 1979
- Posture
- Criminal Appeal / Summary Dismissal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appellant was rightly convicted and the appeal lacked sufficient grounds, warranting summary rejection under section 317(1)(c) of the Criminal Procedure Code.
Court disposition
appeal summarily rejected
Orders
- appeal summarily rejected
02
Material facts
Parties
Raphael Utenga
AppellantThe Republic
Respondent03
Procedural history
Posture
Criminal Appeal / Summary Dismissal
04
Questions and positions
Legal issues
- 01
Whether the appellant was rightly convicted of stealing from motor vehicle
- 02
Whether the appeal was lodged with sufficient grounds
Party arguments
- Applicant
- Appellant challenged conviction for stealing from motor vehicle.
- Respondent
- Respondent maintained conviction was proper and appeal lacked merit.
05
Court’s reasoning
Legal principles
- 01
section 317(1)(c) Criminal Procedure Code
Appeal may be summarily dismissed if lodged without sufficient ground of complaint.
06
Ratio, limits and disposition
Ratio decidendi
The appellant was rightly convicted and the appeal lacked sufficient grounds, warranting summary rejection under section 317(1)(c) of the Criminal Procedure Code.
Court disposition
appeal summarily rejected
- appeal summarily rejected
Source and reliance status
TZHC · 14 May 1979
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 14 May 1979
IN ITE HIGH COURT OF TANZANIA • AT EEEYA • APPELLATE JURISDICTION CRIMINAL APPEAL NO.131 OF 1978 (ORIGINAL CRIMINAL CASE NO. 37 OF 1978 -- OF TEE DIThICT COURT OF MURINDI DISTRICT AT MAPINGA) BEFORE G. KAYAGA ESQ., DISTRICT MAGISTRATE RAPHAEL UTENGA • ,, • , . APPELLANT (Original Accused) Versus: TEE REPUBLIC ... .•. .•. ,,. .., RESPONDENT (Original Prosecutor) CHARGE: Stealing from motor vehicle c/s 269 (c) and 265 of the Penal Code, ORDEN FOR SUNMARY_DISISSAL SI1MATTA, J., - If anything is beyond rational controversy, it is that the appellant was rightly convicted. I certify, therefore, in terms of s. 317(1)(c) of the Criniina1 Procedure Code that after perusing the iecord of the case I am satisfied that this appeal has been lodged without any sufficient ground of complaint. The appeal is, thereforei summarily rejected. * -- B.A. SAI"IATTA May 14, 1979 JUDGE
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