david matiku vs republic 2011 tzca 44 23 february 2011

The notice of appeal was filed out of time as there was no endorsement by the prison officer-in-charge to allow exclusion of time under Rule 68(2); thus, the appeal was not lawfully instituted and is incompetent.

Citation: david matiku vs republic 2011 tzca 44 23 february 2011
Parties: Appellant: David Matiku; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 23 February 2011
Procedural Posture: Criminal Appeal / Ruling on Preliminary Objection
Outcome: appeal struck out as incompetent
Legal Topics: Robbery With Violence, Notice of Appeal, Time Limitation, Prisoner Appeals
Source Language: English

Criminal Law Criminal Procedure Robbery With Violence Notice of Appeal Time Limitation Prisoner Appeals

Case Brief

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Parties

David Matiku

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the notice of appeal was filed within the prescribed time limit under Rule 61(1) of the Tanzania Court of Appeal Rules, 1979
2 Whether the appellant, as a prisoner, could benefit from the exclusion of time under Rule 68(2) in the absence of endorsement by the prison officer-in-charge

Ratio Decidendi

Court Disposition

appeal struck out as incompetent

Orders

The appeal is struck out for being incompetent due to late filing of the notice of appeal.
The appellant may, subject to the law of limitation, file a fresh notice of appeal to reinstitute his appeal.