20111012 TZCA Mwanza

20111012 TZCA Mwanza

The appeal was struck out as incompetent because the notice of appeal was filed out of time and did not comply with the requirements for exclusion of time under Rule 68, specifically lacking the necessary endorsement by the prison officer-in-charge.

Citation
20111012 TZCA Mwanza
Parties
Appellant: Mataro Wam Bura; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 October 2011
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as incompetent
Legal Topics
Robbery With Violence, Appeal Timelines, Prisoner Rights, Notice of Appeal
Source Language
English
Criminal Law Criminal Procedure Robbery With Violence Appeal Timelines Prisoner Rights Notice of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Mataro Wam Bura

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is incompetent due to late filing of the notice of appeal
  2. 2 Whether the appellant, as a prisoner, can benefit from exclusion of time under Rule 68 of the Court of Appeal Rules

Ratio Decidendi

The appeal was struck out as incompetent because the notice of appeal was filed out of time and did not comply with the requirements for exclusion of time under Rule 68, specifically lacking the necessary endorsement by the prison officer-in-charge.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out for being incompetent.
  • The appellant may restart the appeal process after obtaining leave to file the notice of appeal out of time.