19750623 TZHC Dar es Salaam
No point of law involved and evidence is conclusive; appeal would be futile even if admitted.
Source-derived case information.
- Citation
- 19750623 TZHC Dar es Salaam
- Parties
- Appellant: Selejyiani s/o Balange; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 June 1975
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Out of Time and as a Pauper
- Outcome
- application dismissed
- Legal Topics
- Leave to Appeal, Pauper Application, Timeliness of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Selejyiani s/o Balange
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time and as a Pauper
Legal Issues
- 1 Whether leave to appeal out of time should be granted
- 2 Whether applicant qualifies to appeal as a pauper
- 3 Whether there is any point of law of importance involved
Ratio Decidendi
No point of law involved and evidence is conclusive; appeal would be futile even if admitted.
Court Disposition
application dismissed
Orders
- application for leave to appeal out of time and as a pauper is disallowed
Full Case Text
Judgment text and source record
1 paragraphs
"\ . , , ,., , ·M; ·l,··· IN THE HIGH COURT OS TANZANIA AT DAR ES SALAAM APPELLATE JURISDICTION High Court Criminal Appee,l No. 92 OF 197 4 Original Criminal Case No. 2134 · OF 1973 OF The District Court Of Dar es Salaam District at Dar es· Salaam. ,,.. ..... Before Mrs. S.M. lanky, Esq; Resident Magistrate. SELEJYIANI s/ o ifB.ALANGE ••••• : •••••••••••••••••••••••••• APPELLANT;. Versus i - THE REPUBLIC O O O O O O O o O O O O O O O I O O o o O O o o O o O O c o O O O O O O O O O .RESPONDENT. R U L I N G: --- PATEL, J. The applicant seeks leave.to appeal to court of .Appeal for East Africa out of time and as a pauper. ..He was convicted of stealing as a servt-·nt ~.150/= the property of the Dar es Salaam /was Motor Transport Co. Ltd; andL.§.etenccd to three years imprisonment before the District Court#of Daros Salaam. His appeal to the High court both against conviction and sentence was dismissed. In his affidavit he says .copy of judgement of his appeal before High Court was given to him after 3 months and was sent to prison at Tabora where-as he was serving sentence at Ukonga Prison at Dar es Salaam. -He also says he had no money to pay for Court fees and thc:1.t is why he was late_ in filing his appeal and also wish to file it as a pauper. On being asked specifically about any·point of law of importance involved in the matter h~ had nothing to say. Learned State Attorney objected this application on two grounds.· He said perusal of evidence shows that even if admitted the app_eal .. has no chances of success and. secondly the appeal does not raif:!e ,' any point of law. · . .· ; ··. · I have gone thr~ugh the ~ecord of both the lower court details and indeed there is no point of law :tnvolved here. /' ill . ·· Evidence is straight forward and very. strong and conclusive. · · Learned brotlt:er judge Biron wrote an .exhaustive judgement and dismissed the appeal in its entirety~ Even if the appeal were admitted it would be a futile exercise. For these reasons this application is disallowed and acco- rdingly dismissed. Delivered in C_hambers on 23rd day of, June 1975 in preoomce of the applicant and State Attorney, Mr. Lami,angati. J.B. PATEL; DAR ES SALAArJ[. J1lllilE. ·23/6/75. I / I /