Misc. Crim. Cause 9-M-71; 28/1/72
Makame J.
The accused was charge before the
District Magistrate Shinyanga with wrongful confinement. At the close of the
case for the prosecution the Magistrate held that a prima facie case had not
been made out and did not call on the defence. The Republic applied for leave
to appeal out of time against the decision of the Magistrate on the ground that
although the ruling was delivered on 14 July 1971 a copy of same was not
supplied until 29 September 1971 and up to the hearing of this application a
copy of the proceedings had not yet been received.
HELD:
(1) “In dismissing the charge the learned Magistrate observed ‘there was no
evidence to show that complainant was shut in the accused’s automobile to the
extent of depriving liberty ‘ and that wrongful confinement by itself in law must be something illegal and not only
wrongfully confining someone’….. The legal issue raised
(2) “It is meet
and proper that the matter should be considered by the High Court ……In Kiomboi
Criminal Case No. 42/66, R. v. Yusuf Daudi & 3 Others, my learned
brother Biron expressed the view that it is arguable whether the tying of a
person’s hands is wrongful confinement. (3) “The delay by the Republic is under-stand
able.” Leave to appeal out of time was granted.
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