Sample of petition of appeal in Tanzania


Here you will see a sample of the petition of appeal in Tanzania.

I will share two different petitions.

One is a petition of appeal in a criminal case as governed by the Criminal Procedure Act and the second is a petition of the appeal of a case originated from the primary court as governed by the Magistrates’ Courts Act.

Petition of appeal in a criminal case

IN THE HIGH COURT OF TANZANIA

AT…………

CRIMINAL  APPEAL NO. ……..  OF 20…

(Originated from Criminal Case No….. of 20… of the District Court of ……. at ……….)

NAJUA SANA  ………………..………….…….….………  APPELLANT

Versus

THE  REPUBLIC …………………………..…..…… RESPONDENT

PETITION OF APPEAL

(Under Sections 359 and 362 of the Criminal Procedure Act, Cap 20 R.E. 2002)

NAJUA SANA, the Appellant herein, being aggrieved by and dissatisfied with the decision of Hon. ……….. Principal Resident Magistrate dated ………..… in Criminal Case No….. of 20.. of the District Court of ……. At……. in which the Appellant was convicted of Conspiracy to commit an offense c/s 284 of the Penal Code Cap. 16 R.E. 2002 and was further convicted of Rape c/ss 130(2) and 131(2) of the Penal Code and was sentenced to 2 years’ imprisonment and 30 years’ imprisonment respectively hereby appeal against the said convictions on the following grounds:-

  1. That the learned Principal Resident Magistrate erred in law and fact by not properly evaluating the weight of the prosecution evidence and reason wherefore he failed to reach a finding that the prosecution side failed to prove its case beyond all reasonable doubt in respect of both counts of which the Appellant was convicted.
  2. That the learned Principal Resident Magistrate erred in law and fact by conclusively finding that PW1-HAJUI KITU was insane, whereas there was no evidence to establish that fact.
READ ALSO  Affidavit For Verification of Citizenship and Declaration of Marital Status sample

WHEREFORE the Appellant prays that the appeal be allowed, the convictions be quashed, the sentences be set aside, and the Appellant be set free.

Dated at ……….this …………… day of …………….………………. 20….

 ___________________________________

ADVOCATE FOR THE APPELLANT

Presented for filing this …………….. day of …………………………. 20…

______________________

REGISTRY  OFFICER

Drawn   & Filed by:

AB,

ADVOCATE,

P.O. BOX….

To be served upon:

THE STATE ATTORNEY IN-CHARGE

ATTORNEY GENERAL’S CHAMBER

P.O. BOX ….

see also:

Petition of the appeal of a case originated from the primary court

IN THE HIGH COURT OF TANZANIA

AT…….

CIVIL APPEAL NO. ……..  OF 20..

(Arising from Administration Cause Appeal No…. of 20… of ……. District Court and Original Administration Cause No…. of  20.. of …….. Urban Primary Court)

MKALI SANA …….……..………….…….….………  APPELLANT

Versus

MPOLE KWELI…………………………..…..…… RESPONDENT

PETITION OF APPEAL

(Under Section 25(1) (b) and (3) of the Magistrates’ Courts Act, Cap. 11 R.E. 2002)

MKALI SANA, the Appellant herein, being aggrieved by and dissatisfied with the decision of Hon………… RM in Administration Cause Appeal No. 11 of 2011 of ……… District Court which wholly dismissed the Appellant’s appeal hereby appeals against the said decision on the following grounds:-

  1. That as the Appellant was at all material times claiming a share in the property comprised in Plot No. …………. the learned appellate Resident Magistrate erred in law in holding that there was no dispute over ownership of the said property.
  2. That the learned appellate Resident Magistrate erred in law by holding that the Respondent had locus standi.
  3. That the learned appellate Resident Magistrate erred in law by applying the provisions of Section 58 of the Probate and Administration of Estates Act, Cap. 352 R.E. 2002 to the present case.
  4. That the learned appellate Resident Magistrate erred in law and fact by faulting the Appellant’s decision to sell the property comprised in Plot No. ………..
READ ALSO  Land Sale Agreement Sample

WHEREFORE the Appellant prays that the appeal be allowed, the decision of the first appellate court be set aside and the Respondent be condemned to costs.

Dated at……..this …………… day of …………….………………. 20….

___________________________________

ADVOCATE FOR THE APPELLANT

Presented for filing this ……………… day of …………………….. 20…

______________________

REGISTRY OFFICER

Drawn   & Filed by:

AB,

ADVOCATE,

P.O. BOX…

To be served upon:

The Respondent

Isack Kimaro

Editor-in-chief and founder of sherianajamii.com. Holder of Bachelor of Laws (LL.B) from Mzumbe University and Post Graduate Diploma in Legal Practice from the Law school of Tanzania. Lawyer by profession and blogger by passion.

Recent Content