emmanuel kabenga vs republic 2014 tzca 187 16 october 2014

Failure to obtain a certificate on a point of law from the High Court renders the appeal incompetent and outside the jurisdiction of the Court of Appeal.

Citation: emmanuel kabenga vs republic 2014 tzca 187 16 october 2014
Parties: Appellant: Emmanuel Kabenga; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 16 October 2014
Procedural Posture: Criminal Appeal / Preliminary Objection at Court of Appeal
Outcome: appeal struck out as incompetent
Legal Topics: Jurisdiction, Certificate on Point of Law, Competence of Appeal
Source Language: English

Criminal Law Appellate Procedure Jurisdiction Certificate on Point of Law Competence of Appeal

Case Brief

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Parties

Emmanuel Kabenga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Preliminary Objection at Court of Appeal

Legal Issues

1 Whether the Court of Appeal has jurisdiction to hear the appeal without a certificate on a point of law from the High Court

Ratio Decidendi

Failure to obtain a certificate on a point of law from the High Court renders the appeal incompetent and outside the jurisdiction of the Court of Appeal.

Court Disposition

appeal struck out as incompetent

Orders

Appeal struck out for want of jurisdiction.
Appellant advised to apply to the High Court for a certificate on a point of law.