20160822 TZHC Dar es Salaam1
The appeal is incompetent because the notice of appeal refers to Criminal Case No. 85/2014, while the judgment sought to be challenged is in Criminal Case No. 14/2014. There is no notice in relation to the judgment being challenged, making the appeal procedurally defective.
Source-derived case information.
- Citation
- 20160822 TZHC Dar es Salaam1
- Parties
- Appellant: Twaha Salum @ Liute; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 August 2016
- Procedural Posture
- Criminal Appeal / Ruling on Competence of Appeal
- Outcome
- Appeal struck out; judgment quashed; directions issued for correction.
- Legal Topics
- Notice of Appeal, Case Number Discrepancy, Judgment Quashing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Twaha Salum @ Liute
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Competence of Appeal
Legal Issues
- 1 Whether the appeal is competent where the notice of appeal refers to a different case number than the judgment sought to be challenged
- 2 Whether the judgment in Criminal Case No. 14/2014 should be quashed due to administrative error in case numbering
Ratio Decidendi
The appeal is incompetent because the notice of appeal refers to Criminal Case No. 85/2014, while the judgment sought to be challenged is in Criminal Case No. 14/2014. There is no notice in relation to the judgment being challenged, making the appeal procedurally defective.
Court Disposition
Appeal struck out; judgment quashed; directions issued for correction.
Orders
- Appeal is struck out as incompetent.
- Judgment in Criminal Case No. 14/2014 of Mkuranga District Court in relation to Twaha Salum @ Liute is quashed.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT . OF TANZANIA AJ DAR ES SALAAM .,. ,. CRIMINAL APPEAL NO 66 OF 2016 TWAHA SALUM @ LIUTE ...............................APPELLANT VERSUS THE REPULIC .... ........................................ RESPONDENT RULING MURUKE, J. According to the records, appellant filed notice in relation to . '·•'' Criminal Case No. 85 of 2014 of Mkurunga . Qi~tri~t ·: · ~ourt, . •:_: ,,. . ; .' ' ..•.• :-.""-:,.,: '~ Judgment sought to be challenge.d is in relation to Criminal Case \ :, ·. ·. ~- ., ·. No. 14/2014 of Mkurunga District CC>~rt. Proceedings attached tpt• ' ~ ,. , ,. •• the memorandum of appeal is in· relation to Criminal Case 'r,o. '· -~. l ~ ,~ .. -: ,, 85/2014 involving same person, Twaha Salum (Liute) in the same, ,; .. , . .:. . court. For an appeal to be filed, it must be preceded with notice in terms of section 360 (1) (a) of the Criminal Procedure Act Cap. 2Q R.E. 2002, which read as follows:- Subject to subsecti9n (~) .110 appeal frqm any finding, sentence or order referred to in section ·_ 359 ·shall be entertained·· µnless the appellant has ,. ,.··. . . \' ,.· given notice of his int~nt!on . .. . to appeal witllJn . ten days, from the date of ·· ,,, the finding, sentence . or :-:,• ·.•. 'order or in the case of a sentence of Corporal , punishment only, withinthree days of the date .... of such sentence . The requirement of the law above is of necessity. As said earlier, Notice of appeal dated 29 December 2015 refers to Criminal Case No. 85/2014. While Judgment sought to be challenged refers. Criminal Case No. 14/2014. Obvious there is no notice in relation to Judgment sought to be challenged. Thus appeal is incompetent. Accordingly struck out. The above notwithstanding, appellant is serving sentence in relation to Criminal Case No. 14/2014, which )s pot supported by Court records. Perusal.· of ·Court records · reveals ··~hat, ··ihe. presen·t . . '.•, . ·:.,, •· .. . . . ,; ·: .·' .... ' ... - . . ; appellant was one of the accused . in the ptocee~i11gs •, . .. n9r11eq . . ·.• ;~. '· . Criminal Case No. 85/2014. Same ·proceedings is reflectecl by ··'. way of evidence in the Judgment named Criminal Case No. 14/2014. Instead of Judgment reflecting same number i.e~ Criminal Case No. 85/2014 as in the proceedings, it reflec:teq .. ' Criminal Case No. 14/2014. Writing of different nurnper of c:asE!, in the Judgment, is an admini~tratlve affairs of the co'urt. Thus, it • 1:· is the matter to be corrected by the court. Therefore, Judgment in Criminal Case No. 14/2014 of Mkuranga District Court, in relation to Twaha Salum @ Liete is hereby qua~hed.".. ... . 2 Having quash the Judgment /·;_,.,· in Crlmioal . :· . · Case· N9. 14 . of 2014. It .(. .. . \ is further directed thqt;· Lower Court. records to be returned for .·.•·.,·,-'. . . ·{·, .. , trial magistrate to write Judgment in Criminal Case No. 85 of 2014, in accordance with the proceedings, within 30 days from today. It is so ordered. / Ruling Delivered in the presence of Appellant in person and Upendo Mono for the Responden 3