samwel gitau saitoti saimoo another vs republic 2018 tzca 199 27 september 2018

samwel gitau saitoti saimoo another vs republic 2018 tzca 199 27 september 2018

The Court found that the memorandum of appeal contained only grounds 1, 2, 3, and 9, and any omission was attributable to the appellants. The alleged missing ruling on case to answer was never composed or delivered. Medical evidence was acknowledged as present. The complaints lacked substance and did not justify adjournment; the appeal should proceed to hearing.

Citation
samwel gitau saitoti saimoo another vs republic 2018 tzca 199 27 september 2018
Parties
Appellant: Samwel Gitau Saitoti @ Saimoo @ Josee; Appellant: Michael Kimani Peter @ Kim @ Mike; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 September 2018
Procedural Posture
Criminal Appeal / Pre Hearing Interlocutory Ruling
Outcome
Complaints dismissed; appeal to proceed to hearing.
Legal Topics
Appeal Procedure, Record Reconstruction, Missing Documents, Armed Robbery, Conspiracy
Source Language
English
Criminal Law Criminal Procedure Appeal Procedure Record Reconstruction Missing Documents Armed Robbery Conspiracy

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Parties

Samwel Gitau Saitoti @ Saimoo @ Josee

Appellant

Michael Kimani Peter @ Kim @ Mike

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Pre Hearing Interlocutory Ruling

Legal Issues

  1. 1 Whether missing documents in the appeal record warrant adjournment of hearing
  2. 2 Whether the memorandum of appeal was incomplete
  3. 3 Whether a ruling on case to answer was missing

Ratio Decidendi

The Court found that the memorandum of appeal contained only grounds 1, 2, 3, and 9, and any omission was attributable to the appellants. The alleged missing ruling on case to answer was never composed or delivered. Medical evidence was acknowledged as present. The complaints lacked substance and did not justify adjournment; the appeal should proceed to hearing.

Court Disposition

Complaints dismissed; appeal to proceed to hearing.

Orders

  • Appeal to be listed for hearing at earliest convenient session.