charles abeid vs the republic 2023 tzhc 20696 31 august 2023
The appeal was filed out of time without proof of the dates required for automatic exclusion of time under section 361(1)(b) of the Criminal Procedure Act. In the absence of such proof, the appeal was incompetent and the court lacked jurisdiction to entertain it.
- Citation
- charles abeid vs the republic 2023 tzhc 20696 31 august 2023
- Parties
- Appellant: Charles Abeid; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 August 2023
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal struck out as time-barred
- Legal Topics
- Rape, Limitation Period, Appeal Procedure, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Charles Abeid
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appeal was filed within the prescribed limitation period under section 361(1)(b) of the Criminal Procedure Act
- 2 Whether the appellant was entitled to automatic exclusion of time for obtaining judgment copies
- 3 Whether the appeal was competent before the court
Ratio Decidendi
The appeal was filed out of time without proof of the dates required for automatic exclusion of time under section 361(1)(b) of the Criminal Procedure Act. In the absence of such proof, the appeal was incompetent and the court lacked jurisdiction to entertain it.
Court Disposition
appeal struck out as time-barred
Orders
- The appeal is struck out for being filed out of time without leave of the court.
Full Case Text
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