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D.P.P. v Juma (Criminal Application No. 2 of 2005)  TZCA 81 (13 December 2005)
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(CORAM: RAMADHANI, J.A.; LUBUVA, J.A; And MUNUO, J.A.)
(An Application for Revision of the Decision of the High Court of Zanzibar at Zanzibar)
The respondent, Salum Ali Juma, who was charged with armed robbery c/ss 285 and 286 (2) of the Penal Act, 2004 (Act No. 6 of 2004) in the Regional Court at Vuga, Zanzibar, was refused bail because s.150 (1) of the Criminal Procedure Act, 2004, (Act No 7 of 2004) prohibits bail in cases of armed robbery. So, he went to the High Court where MWAMPASHI, SRM (Ext. Juris.) held that there is no offence of garmed robberyh under the Penal Act, 2004.
Being aggrieved by that holding, the DPP has sought this application for revision and he was represented by Ms. Salma Ali Hassan, while the respondent was in person. As there are legal considerations involved we adjourned the matter and gave a court brief to Mr. Hamidu Mbwezeleni, learned advocate. We directed the learned State Attorney and Mr. Mbwezeleni to come and address us whether this should not have been an appeal instead of an application for revision.
When the matter came up again, the DPP was represented by Mr. Msemo S. Mavare, learned State Attorney, who was assisted by Mr. Mohammed H. Hamad, learned State Attorney. He submitted that the Ruling of MWAMPASHI, SRM, is both appellable and subject to revision. He argued that the ruling was interlocutory and did not determine the matter finally and, so, it is not appellable under s. 5 (2) (d) of the Appellate Jurisdiction Act, 1979, as amended by Act No 17 of 1993, which prohibits appeals against interlocutory decisions. So, he submitted, the only venue open to the DPP was revision.