201607na TZCA Mtwara2 1

201607na TZCA Mtwara2 1

The notice of appeal was incurably defective for failing to properly state the nature of the offence, rendering the appeal incompetent and requiring it to be struck out.

Citation
201607na TZCA Mtwara2 1
Parties
Appellant: Edwin Thobias Paul; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal struck out
Legal Topics
Attempted Rape, Notice of Appeal, Procedural Defect
Source Language
English
Criminal Law Attempted Rape Notice of Appeal Procedural Defect

Case Brief

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Parties

Edwin Thobias Paul

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the notice of appeal was valid given the incorrect statement of the offence
  2. 2 Whether the appeal could be entertained in light of the procedural defect

Ratio Decidendi

The notice of appeal was incurably defective for failing to properly state the nature of the offence, rendering the appeal incompetent and requiring it to be struck out.

Court Disposition

appeal struck out

Orders

  • The purported appeal is struck out for want of proper notice of appeal.