20191210 TZHC Arusha

20191210 TZHC Arusha

The appeal is struck out because the notice of appeal to the High Court was filed outside the statutory ten-day period, making the High Court proceedings incompetent and depriving the Court of Appeal of jurisdiction.

Citation
20191210 TZHC Arusha
Parties
Appellant: Joel Samson; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 December 2019
Procedural Posture
Criminal Appeal / Court of Appeal Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Rape, Appeal Procedure, Limitation Period
Source Language
English
Criminal Law Criminal Procedure Rape Appeal Procedure Limitation Period

Case Brief

Summary, issues, holding and outcome

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Parties

Joel Samson

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal to the High Court was instituted within the prescribed time limit under section 361(1)(a) of the Criminal Procedure Act
  2. 2 Whether the Court of Appeal has jurisdiction to entertain an appeal originating from an incompetent High Court proceeding

Ratio Decidendi

The appeal is struck out because the notice of appeal to the High Court was filed outside the statutory ten-day period, making the High Court proceedings incompetent and depriving the Court of Appeal of jurisdiction.

Court Disposition

appeal struck out

Orders

  • Appeal struck out for want of jurisdiction due to incompetence of High Court proceedings.