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The High Court lacks jurisdiction to restore an appeal dismissed by the Resident Magistrate with extended jurisdiction; such application must be filed before the court that dismissed the appeal.
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The Court of Appeal nullified proceedings before a Resident Magistrate with extended jurisdiction after finding the appeal had been transferred under the wrong provision.
The High Court dismissed an application to review its earlier striking out of a wrongly filed land suit, holding there was nothing to transfer to Shinyanga.
The High Court lacks jurisdiction to entertain the application for extension of time because the appeal had been transferred to the Resident Magistrate's Court with Extended Jurisdiction, which alone has the authority to determine such applications.
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Proceedings and judgment rendered by Moshi (PRM - Ext. Jur.) were a nullity as he was not the magistrate named in the High Court's transfer order; lack of jurisdiction vitiated the trial.
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The absence of a transfer order from the High Court under section 256A(1) of the Criminal Procedure Act deprived the Resident Magistrate's Court of jurisdiction, rendering the proceedings, conviction, and sentence a nullity.
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The initial transfer of the case to the Resident Magistrate with Extended Jurisdiction was made under the wrong statutory provision, rendering the proceedings, judgment, and orders of the trial court null and void. The interests of justice require a retrial before a properly constituted court.
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The High Court is not the proper forum for the application as the impugned decision was made by a magistrate with extended jurisdiction; remedies should be sought in the registry where the matter was determined or in the Court of Appeal. The application is nugatory and circumvents the prior ruling. The proper course is to place the record before the Judge In-Charge for transfer as per applicable rules.
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The transfer of the case to the Resident Magistrate with Extended Jurisdiction was made under the wrong legal provision, conferring no jurisdiction to try the case. Consequently, the entire proceedings, judgment, and orders are a nullity and must be set aside. The interests of justice require a retrial before the High Court.
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The absence of a transfer order from the High Court to the Senior Resident Magistrates with extended jurisdiction rendered the entire proceedings, conviction, and sentence a nullity as the magistrates lacked jurisdiction under section 256A of the Criminal Procedure Act; the overriding objective principle cannot cure this fundamental procedural defect.
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