juma so masunga and another vs republic 2020 tzhc 7 23 january 2020

The appeal is incompetent due to lack of a valid notice of appeal and non-compliance by the trial court with the High Court's order to deliver separate judgments as required by law.

Citation: juma so masunga and another vs republic 2020 tzhc 7 23 january 2020
Parties: Appellant: Juma s/o Masunga; Appellant: Jila la s/o Daudi @ Masele; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 January 2020
Procedural Posture: Criminal Appeal / Ruling on Competence of Appeal
Outcome: appeal struck out as incompetent
Legal Topics: Appeal Procedure, Notice of Appeal, Compliance With Court Orders, Judgment Delivery
Source Language: English

Criminal Law Criminal Procedure Appeal Procedure Notice of Appeal Compliance With Court Orders Judgment Delivery

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Parties

Juma s/o Masunga

Appellant

Jila la s/o Daudi @ Masele

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Competence of Appeal

Legal Issues

1 Whether the appeal is competent in absence of a valid notice of appeal
2 Whether the trial court complied with the High Court's order to deliver separate judgments

Ratio Decidendi

The appeal is incompetent due to lack of a valid notice of appeal and non-compliance by the trial court with the High Court's order to deliver separate judgments as required by law.

Court Disposition

appeal struck out as incompetent

Orders

Appeal struck out as incompetent.
Record remitted to the trial court to comply with the High Court's order dated 29th November, 2017 and deliver judgment to parties as required by law.