20090608 TZHC Dar es Salaam

20090608 TZHC Dar es Salaam

The application for revision is incompetent and improperly before the court because the orders and decisions complained of are interlocutory in nature and do not finally determine the criminal charges. The amended statutory provisions expressly bar revision in such circumstances. No confusion or serious irregularity justifying intervention by way of revision has been demonstrated. Jurisdictional issues and other alleged irregularities can be raised at trial or on appeal.

Citation
20090608 TZHC Dar es Salaam
Parties
1st Applicant: Prof. Dr. Costa Ricky Mahalu; 2nd Applicant: Grace Alfred Martin; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 June 2009
Procedural Posture
Criminal Application / Ruling on Preliminary Objection Regarding Competence of Application for Revision
Outcome
Application struck out as incompetent and improperly before the court.
Legal Topics
Revision, Jurisdiction, Interlocutory Orders, Diplomatic Immunity, Consent of DPP, Video Conferencing Evidence
Source Language
English
Criminal Law Criminal Procedure Revision Jurisdiction Interlocutory Orders Diplomatic Immunity Consent of DPP Video Conferencing Evidence

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Parties

Prof. Dr. Costa Ricky Mahalu

1st Applicant

Grace Alfred Martin

2nd Applicant

Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objection Regarding Competence of Application for Revision

Legal Issues

  1. 1 Whether the High Court can entertain an application for revision against interlocutory or preliminary orders of the subordinate court under the amended provisions of the Magistrates Courts Act and Criminal Procedure Act
  2. 2 Whether alleged irregularities and jurisdictional issues in the trial court proceedings warrant intervention by way of revision
  3. 3 Whether the absence of consent of the DPP, lack of territorial jurisdiction, and diplomatic immunity can be grounds for revision at this stage

Ratio Decidendi

The application for revision is incompetent and improperly before the court because the orders and decisions complained of are interlocutory in nature and do not finally determine the criminal charges. The amended statutory provisions expressly bar revision in such circumstances. No confusion or serious irregularity justifying intervention by way of revision has been demonstrated. Jurisdictional issues and other alleged irregularities can be raised at trial or on appeal.

Court Disposition

Application struck out as incompetent and improperly before the court.

Orders

  • Application for revision is struck out.
  • Record of the trial court to be remitted immediately for proceedings to continue from where they stopped.