The Chief Justice Chande Othman will on Monday, February 24 officially open the first sessions of the Court of Appeal at the Bukoba High Court, the District Registrar (DR), Mr C.S. Magesa has disclosed.
Chief Justice, Mr Mohamed Chande Othman
According to Mr Magesa, the Chief Justice will inspect a guard of honour mounted by members of the Tanzania Police Force (FFU) at the High Court premises before the opening of the Court of Appeal sessions.
He noted that the opening of the Court of Appeal sessions in Bukoba was in line with the government resolve to bring closer to the people judicial services. He said in the past people with appeals had to travel to Mwanza Zonal Offices.
“It is the cardinal task of the courts to ensure speedy and timely justice is reached because justice delayed is justice denied,” he said adding that this is a historic landmark in the country’s judicial history.
He called upon residents in Kagera Region to utilize the Appeals Chambers which were now available at the Bukoba High Court.
Meanwhile, Bukoba Zonal Judge Gaddy Mjemmas has dismissed an appeal which was filed by Samson Kalala who is Administrator of the Estates of the late Emmanuel Luzindama (High Court Criminal Appeal No 67 of 2003).
This appeal rises from the decision of the Biharamulo District Court. In Criminal Case No. 222 of 2013 Dickson s/o Wilson was charged with the offence of unlawful grazing of livestock in a Game Reserve contrary to Section 18 (2) and (4) and Section 111 (1) (a) ad (3) of the Wildlife Conservation Act No 5/2009.
The accused person, Wilson who was a minor then was on October 30,2013 convicted on his own plea of guilty. He was discharged on condition that he commits no offence within a period of six months.
The Court ordered 375 head of cattle to be forfeited to the government and be placed before the Director of Wildlife for disposal. No appeal was preferred by the accused person.
On November 6,2013 the Appellant, Samson Kalala, filed Criminal Appeal No 8 of 2013 at Biharamulo District Court contending that the 375 head of cattle which were forfeited to the government belonged to Emmanuel Luzindama, who was shot dead on October 11, 2013 during ‘Operation Tokomeza’ and prayed for restitution of the cattle.
The District Court refused to grant the prayer for restitution of 375 head of cattle to the appellant. In his submission, Advocate Aaron Kabunga, stated that the appellant was not a party to the original proceedings where the order of confiscation was issued.
He also argued that when the order of confiscation was passed in Criminal Case No 222/2013 the accused person (Wilson), was not given the opportunity to be heard to show the reason why the cattle should not be confiscated.
He further submitted that the law allows a person who was not a party to the original proceedings to apply to the court for restitution of the confiscated property and referred to Sections 351(2) and (3), 353 (3) and (4) and 357 (a) of the Criminal Procedure Act, Cap 20 R.E 2002.
On his part, State Attorney Paul Kadushi for respondent – the Republic, strongly contended that the provisions cited were inapplicable and irrelevant, that the prayers or complaints raised were supposed to be raised to the High Court by way of appeal and that the court was functus officio so it could not revoke its order of forfeiture.
Dismissing the appeal, Judge Mjemmas noted that the appellant was not a party to the original proceedings adding that an appeal in a criminal matter may only be brought by someone convicted.
He also observed that the 375 head of cattle which was forfeited was the subject of crime. “Under Section 111 (1) where a person is convicted of an offence under this Act, the court shall order forfeiture for the government of an animal, livestock or trophy in respect of which the offence was committed,” he said.
By MEDDY MULISA, Tanzania Daily News
