director of public prosecution vs mathew mollel 2018 tzhc 2408 14 november 2018
The appeal is fatally defective due to improper entitlement of the notice of intention to appeal, as established by binding precedent.
Source-derived case information.
- Citation
- director of public prosecution vs mathew mollel 2018 tzhc 2408 14 november 2018
- Parties
- Appellant: The Director of Public Prosecution; Respondent: Mathew Mollel
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 November 2018
- Procedural Posture
- Criminal Appeal / Ruling
- Outcome
- appeal struck out
- Legal Topics
- Appeal Procedure, Defective Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Director of Public Prosecution
Appellant
Mathew Mollel
Respondent
Procedural Posture
Criminal Appeal / Ruling
Legal Issues
- 1 Whether failure to entitle the notice of intention to appeal 'In the High Court' renders the appeal fatally defective
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
Orders
- The criminal appeal is struck out for being fatally defective.
Full Case Text
Judgment text and source record
1 paragraphs
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