emmanuel mark nyambo vs republic 2020 tzhc 4590 18 december 2020

emmanuel mark nyambo vs republic 2020 tzhc 4590 18 december 2020

The appeal was incompetent as it was not initiated by a Notice of Intention to Appeal and was filed outside the prescribed time without sufficient proof of extension of time having been granted.

Citation
emmanuel mark nyambo vs republic 2020 tzhc 4590 18 december 2020
Parties
Appellant: Emmanuel Mark Nyambo; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 December 2020
Procedural Posture
Criminal Appeal / Judgment on Preliminary Objection
Outcome
appeal struck out as incompetent
Legal Topics
Abuse of Position, Corrupt Transactions in Employment, Notice of Intention to Appeal, Limitation Period for Appeal, Competence of Appeal
Source Language
English
Criminal Law Criminal Procedure Abuse of Position Corrupt Transactions in Employment Notice of Intention to Appeal Limitation Period for Appeal Competence of Appeal

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Parties

Emmanuel Mark Nyambo

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was properly instituted without a Notice of Intention to Appeal
  2. 2 Whether the appeal was filed within the prescribed time limit

Ratio Decidendi

The appeal was incompetent as it was not initiated by a Notice of Intention to Appeal and was filed outside the prescribed time without sufficient proof of extension of time having been granted.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out for want of Notice of Intention to Appeal and for being filed out of time.
  • Appellant at liberty to file a fresh notice within 10 days and a fresh appeal within 30 days.