19830727 TZHC Mbeya
- Citation
- 19830727 TZHC Mbeya
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 27 July 1983
- Posture
- Criminal Appeal / Dismissal for Non Prosecution
- Language
- English
More details
- Court
- TZHC
- Decision
- 27 July 1983
- Posture
- Criminal Appeal / Dismissal for Non Prosecution
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal is dismissed because the appellant's whereabouts are unknown and it is impossible to serve him.
Court disposition
appeal dismissed
Orders
- appeal dismissed for non-prosecution
02
Material facts
Parties
Watson Lakbonga
AppellantThe Republic
Respondent03
Procedural history
Posture
Criminal Appeal / Dismissal for Non Prosecution
04
Questions and positions
Legal issues
Whether the appeal should proceed in absence of the appellant
Party arguments
- Applicant
- Appellant sought to appeal conviction and sentence for stealing but could not be located.
- Respondent
- No argument presented due to appellant's absence.
05
Court’s reasoning
Legal principles
- 01
court practice
Appeals may be dismissed for non-prosecution if appellant cannot be served or located.
06
Ratio, limits and disposition
Ratio decidendi
The appeal is dismissed because the appellant's whereabouts are unknown and it is impossible to serve him.
Court disposition
appeal dismissed
- appeal dismissed for non-prosecution
Source and reliance status
TZHC · 27 July 1983
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 27 July 1983
- -•'' - -- •-' flT TIJE 11II1 COURT OF t IMI NIA API1JfT JJRISDICTIG (FO) CiiThiL'AL PPE1 NO 132 OF 198 -, :- - O.tUGl.L cliii L L C4S 10 55 Of 197 OP TIii fESTRICT COURT OF KYELDISTRIC BefQre: G. K.' Iviwakatundu, P.CJii. ' D.i\i. Maizi,1iq., Distric'bi/fgitra-te..: WATSON LAKBONG.a . . .......... ..
VERSUS
THE REPUBLIC LONIT GRGE: Stealing contrary to section 265 of tb.Q PØnal Code 3 0 R B ER MUNY1 }iapeiiant was co rieted byLusurxgo Ptimary Court iid sentenced to one year ip i-onment' on 24/4/79. He sorvd his sentence lon& ago. He wante ti appeI but his whereabouts are unknown snd it has been irnpoib1e' to se±ve him. The appeal is dismissed for non prosecution4 ---'I T I-BEYA F. '.kiLHIL ' If 27th Ju1r, 1.983. JUDE. N
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