daudi so mwakalinga another vs republic 2014 tzca 185 22 october 2014

The appeal was struck out as incompetent due to a defective notice of appeal and absence of a certificate on a point of law from the High Court, both being mandatory legal requirements for the Court of Appeal's jurisdiction.

Citation: daudi so mwakalinga another vs republic 2014 tzca 185 22 october 2014
Parties: Appellant: Daudi s/o Mwakalinga; Appellant: Baraka Lyela; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 22 October 2014
Procedural Posture: Criminal Appeal / Preliminary Objection Ruling
Outcome: appeal struck out as incompetent
Legal Topics: Defective Notice of Appeal, Certificate on Point of Law, Jurisdiction, Appeal From Primary Court
Source Language: English

Criminal Law Appellate Procedure Defective Notice of Appeal Certificate on Point of Law Jurisdiction Appeal From Primary Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2

Parties

Daudi s/o Mwakalinga

Appellant

Baraka Lyela

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Preliminary Objection Ruling

Legal Issues

1 Whether the notice of appeal was defective and rendered the appeal incompetent
2 Whether absence of a certificate on a point of law from the High Court rendered the appeal incompetent

Ratio Decidendi

Court Disposition

appeal struck out as incompetent

Orders

Appeal struck out for incompetence due to defective notice of appeal and absence of certificate on point of law.
Appellants may apply for extension of time in the High Court; any hearing to be before a different judge.