gimaleni olemashale another vs republic 2010 tzca 149 7 june 2010

gimaleni olemashale another vs republic 2010 tzca 149 7 june 2010

The notice of appeal was incurably defective as it failed to specify the correct order being appealed against, contrary to Rule 61(2), rendering the appeal incompetent and necessitating its striking out.

Citation
gimaleni olemashale another vs republic 2010 tzca 149 7 june 2010
Parties
Appellant: Gimaleni Olemashale; Appellant: Letweti Marika; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 June 2010
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as incompetent
Legal Topics
Armed Robbery, Notice of Appeal, Extension of Time, Procedural Defect
Source Language
English
Criminal Law Appellate Procedure Armed Robbery Notice of Appeal Extension of Time Procedural Defect

Case Brief

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Parties

Gimaleni Olemashale

Appellant

Letweti Marika

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the notice of appeal was competent under Rule 61(2) of the Court of Appeal Rules, 1979
  2. 2 Whether the appeal should be struck out for procedural non-compliance

Ratio Decidendi

The notice of appeal was incurably defective as it failed to specify the correct order being appealed against, contrary to Rule 61(2), rendering the appeal incompetent and necessitating its striking out.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out with liberty to re-institute.