20160630 TZCA Tanga

20160630 TZCA Tanga

The absence of a notice of intention to appeal under section 361(1)(a) of the CPA deprived the High Court of jurisdiction to entertain the appeal, rendering its proceedings and judgment a nullity and the present appeal incompetent.

Citation
20160630 TZCA Tanga
Parties
Appellant: Haji Iddi Chando; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 June 2016
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision
Outcome
appeal struck out as incompetent; High Court proceedings and judgment nullified
Legal Topics
Jurisdiction, Notice of Intention to Appeal, Nullity of Proceedings
Source Language
English
Criminal Law Appellate Procedure Jurisdiction Notice of Intention to Appeal Nullity of Proceedings

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Parties

Haji Iddi Chando

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision

Legal Issues

  1. 1 Whether the High Court had jurisdiction to entertain the appeal without a notice of intention to appeal under section 361(1)(a) of the Criminal Procedure Act
  2. 2 Whether the proceedings and judgment of the High Court are a nullity for want of jurisdiction

Ratio Decidendi

The absence of a notice of intention to appeal under section 361(1)(a) of the CPA deprived the High Court of jurisdiction to entertain the appeal, rendering its proceedings and judgment a nullity and the present appeal incompetent.

Court Disposition

appeal struck out as incompetent; High Court proceedings and judgment nullified

Orders

  • Present appeal struck out
  • High Court proceedings and judgment nullified, quashed and set aside