hamisi teko vs republic 1986 tzca 54 11 september 1986
The appeal was incompetent because the appellant had not appealed to the High Court against conviction and could not appeal directly to the Court of Appeal. Furthermore, the appeal against sentence did not raise any matter of law as required by statute.
- Citation
- hamisi teko vs republic 1986 tzca 54 11 september 1986
- Parties
- Appellant: Haiusi Teed; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 11 September 1986
- Procedural Posture
- Criminal Appeal / Preliminary Objection/ruling on Competence
- Outcome
- Appeal rejected as incompetent
- Legal Topics
- Appeal Competence, Jurisdiction, Leave to Appeal Out of Time, Sentence Enhancement
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Haiusi Teed
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Preliminary Objection/ruling on Competence
Legal Issues
- 1 Whether the appeal to the Court of Appeal was competent
- 2 Whether the appellant could appeal against conviction and sentence directly to the Court of Appeal
Ratio Decidendi
The appeal was incompetent because the appellant had not appealed to the High Court against conviction and could not appeal directly to the Court of Appeal. Furthermore, the appeal against sentence did not raise any matter of law as required by statute.
Court Disposition
Appeal rejected as incompetent
Orders
- Purported appeal rejected
- Appellant advised to proceed in the High Court as appropriate
Full Case Text
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