Tanzania Criminal Appeal Ruling Summary
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DATIUS DIDACE(Amicus Curiae)⚖️Tanzania Criminal Appeal Ruling Summary
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DATIUS DIDACE(Amicus Curiae)⚖️IN THE COURT OF APPEAL OF TANZANIA
AT ARUSHA
(CORAM: KIMARO, J.A., LUANDA, J.A. And MJASIRI, J.A.)
CRIMINAL APPEAL NO. 270 OF 2011
ADINAN SADRU …………….……………………….…..……………..…….. APPELLANT
VERSUS
THE REPUBLIC ………………………………………….……...…..…..…. RESPONDENT
(Appeal from the conviction of the High
Court of Tanzania at Arusha)
(Sheikh, J.)
dated the 27th day of November, 2008
in
Criminal Appeal No. 12 of 2006
……………
ORDER OF THE COURT
LUANDA, J.A.:
When the appeal was called on for hearing, the appellant did not
enter appearance, though served. Ms. Lilian Mmari who was assisted by
Ms. Alice Mtenga learned State Attorneys for the respondent, informed the
Court that despite the fact that the appellant did not enter appearance, the
appeal before the Court was incompetent for failure to incorporate a
certificate of the High Court on point of law as is provided for under Rule
71(4) of the Court of Appeal Rules 2009 (the Rules) because the case
originates from Primary Court.
She prayed that the purported appeal be struck out under Rule 4(2)
(a) of the Rules.
We entirely agree with Ms. Mmasi that an appeal originating from
Primary Court must be accompanied by a certificate on a point of law as is
provided for under S.6 (7) (b) of the Appellate Jurisdiction Act, Cap. 141
read together with Rule 71 (4) of the Rules.
Since no certificate has been filed, the appeal is incompetent.
The same is struck out.
Order accordingly.
DATED at ARUSHA this 13t day of July, 2015
N.P. KIMARO
JUSTICE OF APPEAL
B. M. LUANDA
JUSTICE OF APPEAL
S. MJASIRI
JUSTICE OF APPEAL
I certify that this is a true copy of the original.
E.Y. MKWIZU
DEPUTY REGISTRAR
COURT OF APPEAL
