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Tanzania decisions
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The High Court erred in law and fact by summarily rejecting the appeal for want of notice and by dismissing the application for extension of time, as the appellant had given timely notice of intention to appeal, and summary rejection powers were wrongly invoked.
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The High Court erred in law and fact by summarily rejecting the appellant's appeal for want of notice of intention to appeal, as the appellant had given such notice within the prescribed period. The High Court further erred by dismissing the application for extension of time, misapprehending the nature of the application and the relief sought. The summary rejection was not supported by the relevant legal provision and violated principles of natural justice.
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The Court of Appeal quashed a High Court summary rejection of a criminal appeal, holding the notice of intention to appeal was timely and the appeal should be heard.
The Court of Appeal quashed a High Court summary rejection and restored a criminal appeal, holding the appellant had given notice of appeal in time.
The Court of Appeal allowed an out-of-time criminal appeal, holding that the appellant gave sufficient reason for delay and the High Court relied on irrelevant and speculative matters.
Failure to conduct voir dire examination for a child witness vitiates her evidence; with no other sufficient evidence, conviction cannot stand. Summary rejection of appeal was unlawful as evidence raised reasonable doubt.
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The Court of Appeal quashed the High Court’s summary rejection of a criminal appeal, holding the wrong provision was used and the appeal needed a merits hearing.
The High Court erred in summarily rejecting the appeal by applying the wrong legal provision and failing to consider the grounds of appeal, especially given the severity of the sentence; the order of summary rejection is quashed and the matter remitted for hearing on the merits.
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The plea of guilty was not unequivocal and was wrongly recorded; the High Court erred in summarily rejecting the appeal without proper scrutiny of the plea and proceedings.
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The appellant's plea of guilty was not unequivocal and the High Court erred in summarily rejecting the appeal without proper scrutiny of the record and the plea.
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