20110923 TZCA Mwanza1

20110923 TZCA Mwanza1

The notice of appeal was filed three days out of time, making it incompetent and leaving no valid appeal before the court.

Citation
20110923 TZCA Mwanza1
Parties
Appellant: John Martine Shirare; Appellant: Nchagwa Mturi Mairiji; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 September 2011
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Cattle Theft, Notice of Appeal, Limitation Period, Competency of Appeal
Source Language
English
Criminal Law Procedural Law Cattle Theft Notice of Appeal Limitation Period Competency of Appeal

Case Brief

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Parties

John Martine Shirare

Appellant

Nchagwa Mturi Mairiji

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the notice of appeal was filed within the prescribed limitation period
  2. 2 Whether the appeal is competent in the absence of a valid notice of appeal

Ratio Decidendi

The notice of appeal was filed three days out of time, making it incompetent and leaving no valid appeal before the court.

Court Disposition

appeal struck out

Orders

  • The purported appeal is struck out for being incompetent.