20140521 TZCA Mbeya

20140521 TZCA Mbeya

The notice of appeal was fatally defective for failing to specify the correct decision, the nature of the appeal, and for not being in the prescribed form, rendering the appeal incompetent and subject to being struck out.

Citation
20140521 TZCA Mbeya
Parties
Appellant: Alisted Khamsini; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 May 2014
Procedural Posture
Criminal Appeal / Preliminary Objection on Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Notice of Appeal, Defective Notice, Appeal Competence, Extension of Time
Source Language
English
Criminal Law Appellate Procedure Notice of Appeal Defective Notice Appeal Competence Extension of Time

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Alisted Khamsini

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Preliminary Objection on Competence of Appeal

Legal Issues

  1. 1 Whether the notice of appeal filed by the appellant was competent under Rule 68(1),(2) and (7) of the Court of Appeal Rules, 2009
  2. 2 Whether the Court could grant extension of time to file a proper notice of appeal

Ratio Decidendi

The notice of appeal was fatally defective for failing to specify the correct decision, the nature of the appeal, and for not being in the prescribed form, rendering the appeal incompetent and subject to being struck out.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out for incompetence.
  • The appellant may seek extension of time from the High Court to file a proper notice of appeal.