20131126 TZCA Arusha

20131126 TZCA Arusha

The notices of appeal failed to indicate the case number as required by Form B under Rule 68(7), constituting a fundamental defect. As the notice of appeal institutes the appeal, the defect rendered the appeal incompetent and necessitated striking it out.

Source-derived case information.

Citation
20131126 TZCA Arusha
Parties
Appellant: Hassan Ramadhani Mndika; Appellant: Mussa Augustino Kajiti; Appellant: Jumanne Mshanga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 November 2013
Procedural Posture
Criminal Appeal / Preliminary Objection on Notice of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Defective Notice of Appeal, Compliance With Procedural Rules, Institution of Appeal
Source Language
english
Criminal Law Appellate Procedure Defective Notice of Appeal Compliance With Procedural Rules Institution of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hassan Ramadhani Mndika

Appellant

Mussa Augustino Kajiti

Appellant

Jumanne Mshanga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Preliminary Objection on Notice of Appeal

Legal Issues

  1. 1 Whether the notices of appeal filed by the appellants substantially complied with Form B as required by Rule 68(7) of the Court of Appeal Rules, 2009
  2. 2 Whether failure to indicate the case number in the notice of appeal is a fundamental defect rendering the appeal incompetent

Ratio Decidendi

The notices of appeal failed to indicate the case number as required by Form B under Rule 68(7), constituting a fundamental defect. As the notice of appeal institutes the appeal, the defect rendered the appeal incompetent and necessitated striking it out.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out for incompetence due to defective notices of appeal.
  • The appellants are at liberty to file fresh notices of appeal.