20140314 TZCA Arusha
The court found that the High Court judgment was delivered on 23rd July 2012 and not 2nd October 2012 as claimed by the appellant. Since the notice of appeal was lodged on 5th October 2012, it was outside the prescribed 30-day period, and no extension of time had been sought. The appeal was therefore incompetent for non-compliance with Rule 68(1).
- Citation
- 20140314 TZCA Arusha
- Parties
- Appellant: Alex Lemali; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 14 March 2014
- Procedural Posture
- Criminal Appeal / Ruling on Preliminary Objection in Second Appeal
- Outcome
- appeal struck out
- Legal Topics
- Armed Robbery, Notice of Appeal, Time Limitation, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Alex Lemali
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection in Second Appeal
Legal Issues
- 1 Whether the notice of appeal was lodged within the prescribed time under Rule 68(1) of the Court of Appeal Rules, 2009
- 2 Whether the High Court judgment was delivered on 23rd July 2012 or 2nd October 2012
Ratio Decidendi
The court found that the High Court judgment was delivered on 23rd July 2012 and not 2nd October 2012 as claimed by the appellant. Since the notice of appeal was lodged on 5th October 2012, it was outside the prescribed 30-day period, and no extension of time had been sought. The appeal was therefore incompetent for non-compliance with Rule 68(1).
Court Disposition
appeal struck out
Orders
- The preliminary objection is upheld.
- The notice of appeal lodged by the appellant on 5th October 2012 is struck out.
Full Case Text
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