juma kadege vs republic 2022 tzhc 13086 21 september 2022

The appeal is incompetent because it was instituted by an uncertified photocopy of the petition of appeal, contrary to statutory requirements that mandate filing of an original, signed petition.

Citation: juma kadege vs republic 2022 tzhc 13086 21 september 2022
Parties: Applicant: Juma Kadege; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 21 September 2022
Procedural Posture: Criminal Appeal / Preliminary Objection/ruling on Competence
Outcome: appeal struck out
Legal Topics: Appeal Procedure, Filing Requirements, Petition of Appeal, Document Authenticity
Source Language: English

Criminal Law Criminal Procedure Appeal Procedure Filing Requirements Petition of Appeal Document Authenticity

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Parties

Juma Kadege

Applicant

Republic

Respondent

Procedural Posture

Criminal Appeal / Preliminary Objection/ruling on Competence

Legal Issues

1 Whether an appeal instituted by an uncertified photocopy of the petition of appeal is competent

Ratio Decidendi

The appeal is incompetent because it was instituted by an uncertified photocopy of the petition of appeal, contrary to statutory requirements that mandate filing of an original, signed petition.

Court Disposition

appeal struck out

Orders

The appeal is struck out for being incompetent.
The appellant may file a proper (original) petition of appeal in accordance with the law, subject to time limitation.