athuman salum mpango vs republic 2018 tzca 406 13 march 2018
The appeal is incompetent due to the absence of the charge sheet in the record of appeal, and given the appellant's long period in custody, striking out the appeal is the proper course rather than adjournment or nullification of proceedings.
- Citation
- athuman salum mpango vs republic 2018 tzca 406 13 march 2018
- Parties
- Appellant: Athumani Salum Mpango; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 13 March 2018
- Procedural Posture
- Criminal Appeal / Second Appeal Before Court of Appeal
- Outcome
- appeal struck out
- Legal Topics
- Appeal Procedure, Missing Charge Sheet, Gang Rape, Rape, Remission of Sentence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Athumani Salum Mpango
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Legal Issues
- 1 Whether the absence of the charge sheet in the record of appeal renders the appeal incompetent
- 2 Whether the proceedings, conviction, and sentence should be nullified due to incomplete record
Ratio Decidendi
The appeal is incompetent due to the absence of the charge sheet in the record of appeal, and given the appellant's long period in custody, striking out the appeal is the proper course rather than adjournment or nullification of proceedings.
Court Disposition
appeal struck out
Orders
- Appeal struck out for incompleteness due to missing charge sheet.
- Appellant may pursue appeal after complying with Rule 71(2)(b) and (4) of the Rules.
Full Case Text
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