david mohamed nyangi and another vs republic 2021 tzhc 2831 29 april 2021

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

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Parties

David Mohamed @ Nyangi

Appellant

Robert Wambura @ Mungine

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Preliminary Objection Ruling

  1. 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