20111123 TZCA Arusha

20111123 TZCA Arusha

The notice of appeal was defective for citing the wrong High Court case number, and in the absence of a valid notice of appeal, there was no competent appeal before the Court; the appeal was therefore struck out.

Citation
20111123 TZCA Arusha
Parties
Appellant: Faraja Leserian; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 November 2011
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection Regarding Notice of Appeal
Outcome
Appeal struck out for want of a valid notice of appeal.
Legal Topics
Notice of Appeal, Jurisdiction, Procedural Defect
Source Language
English
Criminal Law Appellate Procedure Notice of Appeal Jurisdiction Procedural Defect

Case Brief

Summary, issues, holding and outcome

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Parties

Faraja Leserian

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection Regarding Notice of Appeal

Legal Issues

  1. 1 Whether the notice of appeal filed by the appellant was valid and competent to institute the appeal

Ratio Decidendi

The notice of appeal was defective for citing the wrong High Court case number, and in the absence of a valid notice of appeal, there was no competent appeal before the Court; the appeal was therefore struck out.

Court Disposition

Appeal struck out for want of a valid notice of appeal.

Orders

  • The purported appeal is struck out.