aloyce mgovano vs republic 2010 tzhc 243 15 november 2010

aloyce mgovano vs republic 2010 tzhc 243 15 november 2010

The appeal was filed 75 days after the expiry of the extended period granted by the court, rendering it incompetent for non-compliance with the court's order specifying the filing period.

Citation
aloyce mgovano vs republic 2010 tzhc 243 15 november 2010
Parties
Appellant: Aloyce Mgovano; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 November 2010
Procedural Posture
Criminal Appeal / Judgment on Preliminary Objection Regarding Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Rape, Appeal Out of Time, Procedural Compliance, Limitation Period
Source Language
English
Criminal Law Criminal Procedure Rape Appeal Out of Time Procedural Compliance Limitation Period

Case Brief

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Parties

Aloyce Mgovano

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Preliminary Objection Regarding Competence of Appeal

Legal Issues

  1. 1 Whether the appeal was properly before the court given the lapse of the extended filing period
  2. 2 Whether the appellant complied with the court order specifying the time for filing the appeal

Ratio Decidendi

The appeal was filed 75 days after the expiry of the extended period granted by the court, rendering it incompetent for non-compliance with the court's order specifying the filing period.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out for being filed out of time and without valid leave.
  • The appellant may apply for leave to appeal out of time if he so wishes.