20110929 TZCA Mwanza

20110929 TZCA Mwanza

The appeal was incompetent because the notice of appeal was lodged out of time and lacked the mandatory endorsement by the prison officer-in-charge, precluding the appellant from benefiting from the computation exclusions for prisoners under Rule 68.

Citation
20110929 TZCA Mwanza
Parties
Appellant: Haji Masanja @ Makinga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 September 2011
Procedural Posture
Criminal Appeal / Preliminary Objection Ruling
Outcome
appeal struck out as incompetent
Legal Topics
Armed Robbery, Notice of Appeal, Limitation Period, Prisoner Appeals
Source Language
English
Criminal Law Appellate Procedure Armed Robbery Notice of Appeal Limitation Period Prisoner Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Haji Masanja @ Makinga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the notice of appeal was lodged within the prescribed time limit under the Court of Appeal Rules, 1979
  2. 2 Whether the absence of endorsement by the prison officer-in-charge affects the computation of time for lodging the notice of appeal

Ratio Decidendi

The appeal was incompetent because the notice of appeal was lodged out of time and lacked the mandatory endorsement by the prison officer-in-charge, precluding the appellant from benefiting from the computation exclusions for prisoners under Rule 68.

Court Disposition

appeal struck out as incompetent

Orders

  • The preliminary objection is sustained.
  • The appeal is struck out.