The Republic versus Mwesige Geoffrey and Another; Criminal Appeal No 355 of 2014: Court of Appeal of Tanzania at Bukoba (Unreported).
- Legal Method
- Statutory interpretation – starting point for interpreting a statute is the language of the statute itself.
- Statutory interpretation – when purposive approach can be used.
- Criminal Procedure
- Notice of appeal – where it should be filed?
Held:-
(i) When the words of a statute are unambiguous, “judicial inquiry is complete. There is no need for interpolations last we astray into the exclusive preserve of the legislature under the cloak of overzealous interpretation.
(ii) Where there is an obvious lacuna or omission and/or ambiguity, the courts have a duty to fill in the gaps or clear the ambiguity. In doing so they are not embarking on a naked usurpation of the legislative function under their disguise of interpretation. It is because often parliament enacts provisions with general or vague wording with a view to courts filling the gaps. This may occur deliberately or inadvertently.
(iii) Notice of appeal from District or RM’s court shall be filed in the trial subordinate court within ten days from the date of the findings, sentence or order.