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Tanzania Judgment

TZHC

19790514 TZHC Mbeya

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Professional case brief

Research organized from the available case record

Source document

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

Appellant

The Republic

Respondent

03

Procedural history

  1. Posture

    Criminal Appeal / Summary Dismissal

04

Questions and positions

Legal issues

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

  1. 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.

Source document

TZHC

Judgment· 14 May 1979

19790514 TZHC Mbeya

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Penal Code sections 269(c) and 265

Legislation

Legislation referenced in the available case record.

Criminal Procedure Code section 317(1)(c)

Legislation

Legislation referenced in the available case record.

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