20140623 TZCA Tabora2

20140623 TZCA Tabora2

The appeal was struck out as incompetent because the Notice of Appeal was incurably defective for failing to indicate the number of the decision sought to be appealed against, thus there was no competent appeal before the Court.

Citation
20140623 TZCA Tabora2
Parties
Appellant: Mateso s/o Boniphace; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 June 2014
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Unnatural Offence, Plea of Guilty, Notice of Appeal, Procedural Defect, Competence of Appeal
Source Language
English
Criminal Law Criminal Procedure Unnatural Offence Plea of Guilty Notice of Appeal Procedural Defect Competence of Appeal

Case Brief

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Parties

Mateso s/o Boniphace

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the appeal is competent in light of a defective Notice of Appeal
  2. 2 Whether failure to indicate the number of the decision in the Notice of Appeal renders the appeal invalid

Ratio Decidendi

The appeal was struck out as incompetent because the Notice of Appeal was incurably defective for failing to indicate the number of the decision sought to be appealed against, thus there was no competent appeal before the Court.

Court Disposition

appeal struck out as incompetent

Orders

  • The purported appeal is struck out for incompetence.