20140805 TZHC Dodoma

20140805 TZHC Dodoma

The appeal was incompetent because the appellant failed to obtain the required certificate from the High Court certifying a point of law before appealing to the Court of Appeal, as mandated by Section 6(7)(b) of the Appellate Jurisdiction Act.

Citation
20140805 TZHC Dodoma
Parties
Appellant: Abdallah Matata; Respondent: Raphael Mwaja
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 August 2014
Procedural Posture
Criminal Appeal / Third Appeal to Court of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Right of Appeal, Certificate on Point of Law, Jurisdiction
Source Language
English
Criminal Law Appellate Procedure Right of Appeal Certificate on Point of Law Jurisdiction

Case Brief

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Parties

Abdallah Matata

Appellant

Raphael Mwaja

Respondent

Procedural Posture

Criminal Appeal / Third Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the appellant complied with the statutory requirement to obtain a certificate on a point of law from the High Court before appealing to the Court of Appeal in a criminal matter originating from a Primary Court

Ratio Decidendi

The appeal was incompetent because the appellant failed to obtain the required certificate from the High Court certifying a point of law before appealing to the Court of Appeal, as mandated by Section 6(7)(b) of the Appellate Jurisdiction Act.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out for want of certificate on point of law from the High Court.