000I
6.
Dissatisfied with the decision of the High Court, the Second Appticant
appealed to the Court of Appeal of Tanzania sitting at Mbeya. On 21 May
2004, the Court of Appeal upheld the decision of the High Court. Although
it
found that the consolidation of the cases by the High Court at the judgment
stage after they were heard separately was procedurally wrong, it noted,
that this error did not prejudice the Applicants' rights.
B. Alleged violations
7.
The Applicants allege that the Respondent State violated their rights under
the Respondent State's Constitution and the Charter as follows:
a)
The conviction and the sentence imposed on them was non-existent
and unconstitutional and therefore contravenes Article 13 (b) (c) of
the Constitution of the United Republic of Tanzania.
b) The Respondent
State violated their right under Article 7 (1) of the
Charter as they did not benefit from free legal assistance.
c)
They were not equally protected within the law by the Respondent
State and this violates Article 3 of the Charter.
d) The Respondent State inflicted upon them mental and physical
suffering by imposing on them a sentence which is excessive and
illegal thereby violating the Charter.
III. SUMMARY OF PROCEDURE BEFORE THE GOURT
8. The
Application was filed
on 13 July 2015 and was served on
Respondent State on 29 October 2015.
4
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