benjamin hyera v danstan danny 2023 tzhc 17770 31 may 2023

The appeal was struck out because the appellants filed their notices of intention to appeal thirty-three days after judgment, outside the ten-day statutory period, making the appeal incompetent.

Citation: benjamin hyera v danstan danny 2023 tzhc 17770 31 may 2023
Parties: Appellant: Salumu Chalamanda Athuman @ Chala; Appellant: Ally Rashid Hassan; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 May 2023
Procedural Posture: Criminal Appeal / Ruling on Preliminary Objection
Outcome: appeal struck out
Legal Topics: Cattle Theft, Notice of Appeal, Extension of Time, Jurisdiction, Procedural Compliance
Source Language: English

Criminal Law Criminal Procedure Cattle Theft Notice of Appeal Extension of Time Jurisdiction Procedural Compliance

Case Brief

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Parties

Salumu Chalamanda Athuman @ Chala

Appellant

Ally Rashid Hassan

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the appeal is competent where the notice of intention to appeal was filed out of time
2 Whether delay caused by prison officers can excuse late filing of notice of appeal

Ratio Decidendi

The appeal was struck out because the appellants filed their notices of intention to appeal thirty-three days after judgment, outside the ten-day statutory period, making the appeal incompetent.

Court Disposition

appeal struck out

Orders

Appeal struck out for being accompanied with a defective notice of intention to appeal.
Right of appeal explained to the appellants.