19900313 TZHC Mwanza
The appeal is incompetent and premature as no certificate of point of law was obtained from the High Court, as required by section 5(2)(c) of the Appellate Jurisdiction Act.
Source-derived case information.
- Citation
- 19900313 TZHC Mwanza
- Parties
- Appellant: Attwiti; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 13 March 1990
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence
- Outcome
- appeal struck out
- Legal Topics
- Murder, Malice Aforethought, Appeal Jurisdiction, Certificate of Point of Law
- Source Language
- english
Criminal Law Appellate Procedure Murder Malice Aforethought Appeal Jurisdiction Certificate of Point of Law
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attwiti
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether malice aforethought was established for murder conviction
- 2 Whether appeal to Court of Appeal is competent without certificate of point of law from High Court
Ratio Decidendi
The appeal is incompetent and premature as no certificate of point of law was obtained from the High Court, as required by section 5(2)(c) of the Appellate Jurisdiction Act.
Court Disposition
appeal struck out
Orders
- appeal struck out for lack of certificate that a point of law is involved
- costs awarded to respondent
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