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Tanzania Judgment

TZHC

director of public prosecution vs mathew mollel 2018 tzhc 2408 14 november 2018

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The appeal is fatally defective due to improper entitlement of the notice of intention to appeal, as established by binding precedent.

Court disposition

appeal struck out

Orders

  • The criminal appeal is struck out for being fatally defective.

02

Material facts

Parties

The Director of Public Prosecution

Appellant Counsel: Mr. Mwaitende

Mathew Mollel

Respondent Counsel: Mr. Koisenge

03

Procedural history

  1. Posture

    Criminal Appeal / Ruling

04

Questions and positions

Legal issues

Whether failure to entitle the notice of intention to appeal 'In the High Court' renders the appeal fatally defective

Party arguments

Applicant
The notice initiating the appeal was incorrectly entitled 'in the Resident Magistrate Court' instead of 'in the High Court' as required by section 392 of CPA.
Respondent
Concurred with the appellant that the notice was incorrectly entitled and agreed it renders the appeal defective.

05

Court’s reasoning

  1. 01

    DPP Vs Sendi Wambura and others, Criminal Appeal No. 480/2016

    Failure to entitle the notice of intention to appeal 'In the High Court' renders the criminal appeal fatally defective.

06

Ratio, limits and disposition

Ratio decidendi

The appeal is fatally defective due to improper entitlement of the notice of intention to appeal, as established by binding precedent.

Court disposition

appeal struck out

  • The criminal appeal is struck out for being fatally defective.

Source and reliance status

TZHC · 14 November 2018

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Judgment reading view

Judgment text

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Source document

TZHC

Judgment· 14 November 2018

director of public prosecution vs mathew mollel 2018 tzhc 2408 14 november 2018

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (ARUSHA DISTRICT REGISTRY)

AT ARUSHA CRIMINAL APPEAL NO. 25 OF 2018 (Original from Criminal Case No. 430 of 2017 in the Resident Magistrate Court of Arusha before Hon. G. A. Mwankuga RM) THE DIRECTOR OF PUBLIC PROSECUTION ............ PLAINTIFF

VERSUS

MATHEW MOLLEL RESPONDENT

RULING BEFORE: I. MAIGE. J The notice Initiating the appeal is entitled "in the Resident Magistrate Court" It would have been entitled in the High Court according to section 392 of CPA. Mr. Koisenge who appeared for the Respondent and Mr. Mwaitende for the Appellant have a concurrent view on that position. I entirely agree with them. In view of the recent decision of the court of Appeal in DPP Vs Sendi Wambura and others, Criminal Appeal No. 480/2016, failure to entitle the Notice of intention to appeal by the DPP, "In the High Court", renders the Criminal Appeal fatally defective. The appeal is th c (T

JUDGE 14/11/2018

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Authorities

Authorities used by the court

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

DPP Vs Sendi Wambura and others, Criminal Appeal No. 480/2016

Case cited

section 392 of CPA

Legislation

Legislation referenced in the available case record.

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