20110922 TZCA Mwanza

The Notice of Appeal was not endorsed with the date and time of receipt by the prison officer-in-charge, failing to comply with Rule 68(3). Therefore, the appellant could not benefit from the exclusion of time under Rule 68(2), rendering the Notice of Appeal time-barred and the appeal incompetent.

Citation: 20110922 TZCA Mwanza
Parties: Appellant: Fungi Le Mazuri; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 22 September 2011
Procedural Posture: Criminal Appeal / Second Appeal, Court of Appeal
Outcome: appeal struck out as incompetent
Legal Topics: Rape, Appeal Procedure, Limitation Period, Prisoner Appeals
Source Language: English

Criminal Law Procedure Rape Appeal Procedure Limitation Period Prisoner Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Fungi Le Mazuri

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal, Court of Appeal

Legal Issues

1 Whether the Notice of Appeal was filed within the prescribed limitation period
2 Whether the appellant, as a prisoner, is entitled to relief under Rule 68(2) of the Court of Appeal Rules, 1979
3 Whether the omission by the prison officer-in-charge to endorse the Notice of Appeal with date and time affects the appeal's competence

Ratio Decidendi

Court Disposition

appeal struck out as incompetent

Orders

The appeal is struck out.
Subject to the law of limitation, the appellant is at liberty to start the appellate process afresh.