erasto kayombo vs republic 2012 tzca 88 19 march 2012
The appeal was incompetent because the appellant failed to obtain the required certificate from the High Court certifying a point of law, as mandated by section 6(7)(b) of the Appellate Jurisdiction Act.
Source-derived case information.
- Citation
- erasto kayombo vs republic 2012 tzca 88 19 march 2012
- Parties
- Appellant: Erasto Kayombo; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 19 March 2012
- Procedural Posture
- Criminal Appeal / Third Appeal (court of Appeal)
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Cattle Theft, Right of Appeal, Procedural Compliance
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erasto Kayombo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Third Appeal (court of Appeal)
Legal Issues
- 1 Whether the appeal is competent in the absence of a certificate from the High Court certifying a point of law as required by section 6(7)(b) of the Appellate Jurisdiction Act
Ratio Decidendi
The appeal was incompetent because the appellant failed to obtain the required certificate from the High Court certifying a point of law, as mandated by section 6(7)(b) of the Appellate Jurisdiction Act.
Court Disposition
appeal struck out as incompetent
Orders
- appeal struck out
Full Case Text
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