david mohamed nyangi and another vs republic 2021 tzhc 2831 29 april 2021
The appeal was struck out because the notice of intention to appeal was lodged out of time, contrary to the mandatory requirement under section 361(1)(a) of the Criminal Procedure Act.
- Citation
- david mohamed nyangi and another vs republic 2021 tzhc 2831 29 april 2021
- Parties
- Appellant: David Mohamed @ Nyangi; Appellant: Robert Wambura @ Mungine; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 April 2021
- Procedural Posture
- Criminal Appeal / Preliminary Objection Ruling
- Outcome
- appeal struck out
- Legal Topics
- Armed Robbery, Appeal Procedure, Time Limitation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
David Mohamed @ Nyangi
Appellant
Robert Wambura @ Mungine
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether the appeal is competent for being accompanied by notice of intention to appeal lodged out of time
Ratio Decidendi
The appeal was struck out because the notice of intention to appeal was lodged out of time, contrary to the mandatory requirement under section 361(1)(a) of the Criminal Procedure Act.
Court Disposition
appeal struck out
Orders
- preliminary objection upheld
- appeal struck out
Full Case Text
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