freeman aikael mbowe others vs republic 2018 tzca 586 5 october 2018

freeman aikael mbowe others vs republic 2018 tzca 586 5 october 2018

Failure to specify the nature of the order appealed against in the notice of appeal, as required by Rule 68(2) and (7), is a fatal defect that renders the appeal incompetent and incapable of being entertained by the Court.

Source-derived case information.

Citation
freeman aikael mbowe others vs republic 2018 tzca 586 5 october 2018
Parties
Appellant: Freeman Aikael Mbowe; Appellant: Peter Simon Msigwa; Appellant: Salum Mwalim; Appellant: John John Mnyika; Appellant: Esther Nicholas Matiko; Appellant: Vincent Biyegeza Mashinji; Appellant: Halima James Mdee; Appellant: John Wegesa Heche; Appellant: Ester Amos Bulaya; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 October 2018
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection Regarding Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Notice of Appeal Requirements, Form and Content of Appeal Documents, Jurisdictional Defects, Mandatory Statutory Compliance
Source Language
english
Criminal Procedure Appellate Practice Notice of Appeal Requirements Form and Content of Appeal Documents Jurisdictional Defects Mandatory Statutory Compliance

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Parties

Freeman Aikael Mbowe

Appellant

Peter Simon Msigwa

Appellant

Salum Mwalim

Appellant

John John Mnyika

Appellant

Esther Nicholas Matiko

Appellant

Vincent Biyegeza Mashinji

Appellant

Halima James Mdee

Appellant

John Wegesa Heche

Appellant

Ester Amos Bulaya

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection Regarding Competence of Appeal

Legal Issues

  1. 1 Whether the notice of appeal complied with Rule 68(2) and (7) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether failure to specify the nature of the order appealed against is fatal to the appeal
  3. 3 Whether substantial conformity to Form B requires both format and content compliance

Ratio Decidendi

Failure to specify the nature of the order appealed against in the notice of appeal, as required by Rule 68(2) and (7), is a fatal defect that renders the appeal incompetent and incapable of being entertained by the Court.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out for being incompetent due to a fatally defective notice of appeal.