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Tanzania decisions
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The Court of Appeal held that the application for extension of time was properly before it after refusal in the Regional Court with Extended Jurisdiction.
The Court of Appeal struck out an application for extension of time, holding it had no jurisdiction to extend time for an appeal to the High Court after refusal below.
The High Court of Tanzania at Mtwara refused leave to appeal, holding that the applicant’s grounds raised no certifiable point of law.
The application for extension of time must fail because the substantive appeal was filed in the wrong court, rendering it incompetent in law even if extension and review were allowed.
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The Court of Appeal lacks jurisdiction to hear appeals against conviction entered by a subordinate court; such appeals lie to the High Court. Appeals against sentence imposed by the High Court are competent before the Court of Appeal only if a memorandum of appeal is filed. As no memorandum was filed, the appeals against sentence are dismissed for want of prosecution.
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The Court of Appeal lacks jurisdiction over appeals against conviction entered by the Resident Magistrate's Court; such appeals must be made to the High Court. Appeals against sentence imposed by the High Court are within the Court's jurisdiction if the sentence exceeds the powers of the committing magistrate, but the appellants failed to file grounds of appeal, warranting dismissal for want of procedure.
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The DPP's statutory power to take over and continue criminal proceedings is exclusive and not subject to judicial review or court refusal once a private prosecution has been permitted. The District Court erred in law by refusing to allow the DPP to exercise this power. The DPP is not required to provide reasons or be subject to court control in exercising this discretion.
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