20060831 TZCA Mbeya

The appeal is incompetent as there is no certificate from the High Court certifying that a point of law is involved, which is a mandatory requirement for such appeals.

Citation: 20060831 TZCA Mbeya
Parties: Appellant: Simalike s/o Mwanjoka; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 31 August 2006
Procedural Posture: Criminal Appeal / Appeal From High Court Ruling on Application for Leave to Appeal Out of Time
Outcome: Appeal struck out as misconceived and incompetent.
Legal Topics: Leave to Appeal Out of Time, Certification of Point of Law, Jurisdiction, Procedural Competence
Source Language: English

Criminal Law Appellate Procedure Leave to Appeal Out of Time Certification of Point of Law Jurisdiction Procedural Competence

Case Brief

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Parties

Simalike s/o Mwanjoka

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Ruling on Application for Leave to Appeal Out of Time

Legal Issues

1 Whether the appeal to the Court of Appeal is competent without a certificate from the High Court that a point of law is involved
2 Whether the record of appeal is proper and comprehensible

Ratio Decidendi

The appeal is incompetent as there is no certificate from the High Court certifying that a point of law is involved, which is a mandatory requirement for such appeals.

Court Disposition

Appeal struck out as misconceived and incompetent.

Orders

Appeal is struck out.