john ikland ayoub vs republic 2015 tzca 202 14 august 2015

john ikland ayoub vs republic 2015 tzca 202 14 august 2015

The notice of appeal contained fatal defects by wrongly citing sections, omitting relevant statutes, and incorrectly indicating the origin of the appealed decision, rendering the appeal incompetent and necessitating striking out.

Citation
john ikland ayoub vs republic 2015 tzca 202 14 august 2015
Parties
Appellant: John Ikland @ Ayoub; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 August 2015
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Notice of Appeal Defects, Jurisdiction, Economic Offences, Wildlife Conservation, Arms and Ammunitions
Source Language
English

Case Brief

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Parties

John Ikland @ Ayoub

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of Appeal

  1. 1 Whether defects in the notice of appeal render the appeal incompetent
  2. 2 Whether the notice of appeal properly stated the nature of conviction and sentence
  3. 3 Whether the notice of appeal properly indicated the origin of the order or finding appealed against

Ratio Decidendi

The notice of appeal contained fatal defects by wrongly citing sections, omitting relevant statutes, and incorrectly indicating the origin of the appealed decision, rendering the appeal incompetent and necessitating striking out.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out for incompetence
  • Appellant advised to re-initiate appeal subject to limitation law