20180919 TZHC Arusha

20180919 TZHC Arusha

The appeal is premature because the proper procedure is to apply for setting aside the dismissal order, not to appeal directly.

Citation
20180919 TZHC Arusha
Parties
Appellant: Israel John; Respondent: Daudi John; Respondent: Aloice Paulo; Respondent: Zacharia Joseph
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 September 2018
Procedural Posture
Criminal Appeal / Ruling on Appeal
Outcome
appeal dismissed as premature
Legal Topics
Appeal Dismissal, Non Appearance, Setting Aside Dismissal
Source Language
English
Criminal Procedure Appeal Dismissal Non Appearance Setting Aside Dismissal

Case Brief

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Parties

Israel John

Appellant

Daudi John

Respondent

Aloice Paulo

Respondent

Zacharia Joseph

Respondent

Procedural Posture

Criminal Appeal / Ruling on Appeal

Legal Issues

  1. 1 Whether an appeal lies against an order dismissing an appeal for non-appearance
  2. 2 Whether the appellant provided sufficient cause for non-appearance

Ratio Decidendi

The appeal is premature because the proper procedure is to apply for setting aside the dismissal order, not to appeal directly.

Court Disposition

appeal dismissed as premature

Orders

  • appeal dismissed