charles haule vs republic 2018 tzca 274 11 may 2018
The defects in the notice of appeal, including omission and misstatement of relevant statutory provisions, rendered the notice invalid and the appeal incompetent under Rule 68(2) of the Rules.
Source-derived case information.
- Citation
- charles haule vs republic 2018 tzca 274 11 may 2018
- Parties
- Appellant: Charles Haule; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 11 May 2018
- Procedural Posture
- Criminal Appeal / Ruling on Preliminary Objection at Court of Appeal
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Defective Notice of Appeal, Requirements of Notice of Appeal, Rape, Unnatural Offence, Jurisdictional Competence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Haule
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection at Court of Appeal
Legal Issues
- 1 Whether the notice of appeal was fatally defective for failure to cite proper provisions of law
- 2 Whether the defects in the notice of appeal rendered the appeal incompetent
Ratio Decidendi
The defects in the notice of appeal, including omission and misstatement of relevant statutory provisions, rendered the notice invalid and the appeal incompetent under Rule 68(2) of the Rules.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out for being incompetent due to a defective notice of appeal.
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