20100323 TZCA Dodoma

20100323 TZCA Dodoma

The appeal is incompetent because the appellant failed to comply with the Court's prior order to first obtain an extension of time to appeal from the appropriate court before lodging the appeal.

Citation
20100323 TZCA Dodoma
Parties
Appellant: Jeremia Batholomeo; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 March 2010
Procedural Posture
Criminal Appeal / Preliminary Objection Ruling at Court of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Rape, Extension of Time, Competence of Appeal, Preliminary Objection
Source Language
English

Case Brief

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Parties

Jeremia Batholomeo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Preliminary Objection Ruling at Court of Appeal

  1. 1 Whether the appeal is competent before the Court of Appeal without an order for extension of time to appeal

Ratio Decidendi

The appeal is incompetent because the appellant failed to comply with the Court's prior order to first obtain an extension of time to appeal from the appropriate court before lodging the appeal.

Court Disposition

appeal struck out as incompetent

Orders

  • preliminary objection sustained
  • appeal struck out