20181213 TZCA Mbeya2

20181213 TZCA Mbeya2

The High Court lacked jurisdiction to grant extension of time to file notice of appeal where the first appeal was determined by a Principal Resident Magistrate with extended jurisdiction; therefore, the notice of appeal and the appeal itself are incompetent and must be struck out.

Citation
20181213 TZCA Mbeya2
Parties
Appellant: Zuberi Yahaya; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 December 2018
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Rape, Jurisdiction, Extension of Time, Notice of Appeal
Source Language
English
Criminal Law Criminal Procedure Rape Jurisdiction Extension of Time Notice of Appeal

Case Brief

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Parties

Zuberi Yahaya

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the High Court had jurisdiction to grant extension of time to file notice of appeal when the first appeal was determined by a Principal Resident Magistrate with extended jurisdiction
  2. 2 Whether the appeal is properly before the Court of Appeal

Ratio Decidendi

The High Court lacked jurisdiction to grant extension of time to file notice of appeal where the first appeal was determined by a Principal Resident Magistrate with extended jurisdiction; therefore, the notice of appeal and the appeal itself are incompetent and must be struck out.

Court Disposition

appeal struck out as incompetent

Orders

  • Order of the High Court in Misc. Criminal Application No. 88 of 2015 granting extension of time is nullified
  • Notice of appeal lodged on 19th November, 2015 is declared invalid