20091020 TZHC Dodoma2

20091020 TZHC Dodoma2

The proceedings before the resident magistrate with extended jurisdiction and the High Court were a nullity because only the High Court has jurisdiction to determine applications for extension of time to appeal under section 361(2) of the Criminal Procedure Act, and such applications cannot be transferred to a resident magistrate under section 45(2) of the Magistrates' Courts Act.

Citation
20091020 TZHC Dodoma2
Parties
Appellant: Shida Sadala; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 October 2009
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision
Outcome
appeal struck out as incompetent
Legal Topics
Jurisdiction, Extension of Time, Armed Robbery, Nullity of Proceedings
Source Language
English
Criminal Law Appellate Procedure Jurisdiction Extension of Time Armed Robbery Nullity of Proceedings

Case Brief

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Parties

Shida Sadala

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision

Legal Issues

  1. 1 Whether a resident magistrate with extended jurisdiction can determine an application for extension of time to appeal under section 361(2) of the Criminal Procedure Act
  2. 2 Whether the High Court can transfer an application for extension of time to a resident magistrate with extended jurisdiction under section 45(2) of the Magistrates' Courts Act
  3. 3 Whether the proceedings and orders made by the resident magistrate and the High Court were a nullity for want of jurisdiction

Ratio Decidendi

The proceedings before the resident magistrate with extended jurisdiction and the High Court were a nullity because only the High Court has jurisdiction to determine applications for extension of time to appeal under section 361(2) of the Criminal Procedure Act, and such applications cannot be transferred to a resident magistrate under section 45(2) of the Magistrates' Courts Act.

Court Disposition

appeal struck out as incompetent

Orders

  • Proceedings before Sarni, P.R.M. (Extended Jurisdiction) and Mjasiri, J. quashed and set aside
  • Orders and judgment emanating from those proceedings quashed and set aside