20111104 TZCA Arusha

The appeal was incompetent because the appellant, after refusal by the High Court to extend time, should have applied to the Court of Appeal for extension of time rather than lodging an appeal.

Citation: 20111104 TZCA Arusha
Parties: Appellant: Octavian Moris; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 4 November 2011
Procedural Posture: Criminal Appeal / Ruling on Competence of Appeal
Outcome: Appeal struck out as incompetent
Legal Topics: Extension of Time, Incompetent Appeal, Jurisdiction, Procedural Requirements
Source Language: English

Criminal Law Appellate Procedure Extension of Time Incompetent Appeal Jurisdiction Procedural Requirements

Case Brief

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Parties

Octavian Moris

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Competence of Appeal

Legal Issues

1 Whether the appeal was properly before the Court of Appeal after refusal by the High Court to extend time to appeal

Ratio Decidendi

The appeal was incompetent because the appellant, after refusal by the High Court to extend time, should have applied to the Court of Appeal for extension of time rather than lodging an appeal.

Court Disposition

Appeal struck out as incompetent

Orders

Appeal struck out
Appellant advised to file an application for extension of time to appeal under Rule 10 of the Court Rules, 2009 if still interested