20100605 TZCA Tabora
The appeal was struck out because the notice of appeal failed to specify the correct order being appealed against, rendering the appeal incompetent under Rule 61(2) of the Court of Appeal Rules, 1979.
- Citation
- 20100605 TZCA Tabora
- Parties
- Appellant: Gimaleni Olemashale; Appellant: Letweti Marika; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 5 June 2010
- Procedural Posture
- Criminal Appeal / Appeal Against High Court Ruling Dismissing Application for Extension of Time
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Armed Robbery, Notice of Appeal, Extension of Time, Procedural Defects
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Gimaleni Olemashale
Appellant
Letweti Marika
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against High Court Ruling Dismissing Application for Extension of Time
Legal Issues
- 1 Whether the notice of appeal was competent under Rule 61(2) of the Court of Appeal Rules, 1979
- 2 Whether the appeal should be struck out for procedural defect
Ratio Decidendi
The appeal was struck out because the notice of appeal failed to specify the correct order being appealed against, rendering the appeal incompetent under Rule 61(2) of the Court of Appeal Rules, 1979.
Court Disposition
appeal struck out as incompetent
Orders
- Appeal struck out with liberty to re-institute if the appellant so wishes
Full Case Text
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