erick mathias and another vs republic 2020 tzhc 4148 18 november 2020

The appeal is incompetent due to failure to properly cite the prior enlargement order and comply with statutory requirements for notice of intention to appeal; thus, the appeal must be struck out.

Citation: erick mathias and another vs republic 2020 tzhc 4148 18 november 2020
Parties: Appellant: Erick Mathias; Appellant: Geofrey Richard; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 November 2020
Procedural Posture: Criminal Appeal / Ruling on Competence of Appeal
Outcome: appeal struck out for want of competence
Legal Topics: Armed Robbery, Notice of Intention to Appeal, Appeal Out of Time, Procedural Competence
Source Language: English

Criminal Law Criminal Procedure Armed Robbery Notice of Intention to Appeal Appeal Out of Time Procedural Competence

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Parties

Erick Mathias

Appellant

Geofrey Richard

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Competence of Appeal

Legal Issues

1 Whether the appeal is competent in absence of proper notice of intention to appeal and citation of prior enlargement order

Ratio Decidendi

The appeal is incompetent due to failure to properly cite the prior enlargement order and comply with statutory requirements for notice of intention to appeal; thus, the appeal must be struck out.

Court Disposition

appeal struck out for want of competence

Orders

Appeal struck out for want of competence.
Appellants may file a fresh omnibus application for enlargement of time to file notice of intention to appeal and petition of appeal.