20180516 TZCA Iringa

20180516 TZCA Iringa

The notices of appeal failed to refer to the High Court order being challenged, violating Rule 68(2) and rendering the appeal incompetent.

Citation
20180516 TZCA Iringa
Parties
Appellant: Gerold Augustine Mkula; Appellant: Merick Mkula; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 May 2018
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal struck out as incompetent
Legal Topics
Notice of Appeal, Appeal Competence, Procedural Requirements
Source Language
English
Criminal Law Criminal Procedure Notice of Appeal Appeal Competence Procedural Requirements

Case Brief

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Parties

Gerold Augustine Mkula

Appellant

Merick Mkula

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the notices of appeal filed by the appellants comply with Rule 68(2) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the appeal is competent given the defects in the notices of appeal

Ratio Decidendi

The notices of appeal failed to refer to the High Court order being challenged, violating Rule 68(2) and rendering the appeal incompetent.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out.