20131112 TZCA Dar es Salaam

20131112 TZCA Dar es Salaam

The notice of appeal was incurably defective for failing to specify whether the appeal was against conviction, sentence, or both, and for referencing the wrong case number. As a result, the appeal was incompetent and struck out.

Citation
20131112 TZCA Dar es Salaam
Parties
Appellant: Abdallah s/o Hamad; Appellant: Adam s/o Salehe; Appellant: Aeshi s/o Mohamed; Appellant: Osward s/o Albano; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 November 2013
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Armed Robbery, Notice of Appeal, Procedural Defects, Appeal Competence
Source Language
English
Criminal Law Criminal Procedure Armed Robbery Notice of Appeal Procedural Defects Appeal Competence

Case Brief

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Parties

Abdallah s/o Hamad

Appellant

Adam s/o Salehe

Appellant

Aeshi s/o Mohamed

Appellant

Osward s/o Albano

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the notice of appeal was incurably defective due to incorrect case number and failure to specify if appeal was against conviction, sentence, or both
  2. 2 Whether such defects render the appeal incompetent

Ratio Decidendi

The notice of appeal was incurably defective for failing to specify whether the appeal was against conviction, sentence, or both, and for referencing the wrong case number. As a result, the appeal was incompetent and struck out.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out.