20090522 TZCA Mwanza

20090522 TZCA Mwanza

The appeal was struck out as incompetent due to non-compliance with Rule 61(1) and Rule 68(1) and (3) of the Court of Appeal Rules; there was no evidence of timely notification or proper endorsement by the prison officer.

Citation
20090522 TZCA Mwanza
Parties
Appellant: Birahi s/o Nyankongo; Appellant: Kijiji s/o Isiaga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 May 2009
Procedural Posture
Criminal Appeal / Preliminary Objection Ruling
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Procedure, Time Bar, Prisoner Appeals
Source Language
English
Criminal Law Procedural Law Appeal Procedure Time Bar Prisoner Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Birahi s/o Nyankongo

Appellant

Kijiji s/o Isiaga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appeal is incompetent for being time barred under Rule 61(1) of the Court of Appeal Rules
  2. 2 Whether Rule 68(3) regarding prison officer endorsement was complied with

Ratio Decidendi

The appeal was struck out as incompetent due to non-compliance with Rule 61(1) and Rule 68(1) and (3) of the Court of Appeal Rules; there was no evidence of timely notification or proper endorsement by the prison officer.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out for non-compliance with Rule 61(1) and Rule 68(1) and (3) of the Court of Appeal Rules
  • Appellants may bring a competent appeal after complying with relevant laws