juma masunga vs republic 2023 tzhc 16556 31 march 2023
The appeal was filed almost five months after the appellant collected the copy of judgment, exceeding the statutory 45-day period, rendering the appeal incompetent.
Source-derived case information.
- Citation
- juma masunga vs republic 2023 tzhc 16556 31 march 2023
- Parties
- Appellant: Luma Masunga; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 March 2023
- Procedural Posture
- Criminal Appeal / Preliminary Objection Ruling
- Outcome
- appeal struck out
- Legal Topics
- Appeal Out of Time, Procedural Compliance, Extension of Time
- Source Language
- english
Criminal Law Criminal Procedure Appeal Out of Time Procedural Compliance Extension of Time
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luma Masunga
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether the appeal was filed within the prescribed time
- 2 Whether failure to file within time renders the appeal incompetent
Ratio Decidendi
The appeal was filed almost five months after the appellant collected the copy of judgment, exceeding the statutory 45-day period, rendering the appeal incompetent.
Court Disposition
appeal struck out
Orders
- Appeal struck out for being filed out of time.
- Appellant may file appeal after complying with statutory requirements.
Full Case Text
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