michael kyando vs republic 2023 tzca 141 27 march 2023

The appeal before the High Court was incompetent due to absence of notice of intention to appeal, rendering the proceedings and judgment a nullity.

Citation: michael kyando vs republic 2023 tzca 141 27 march 2023
Parties: Appellant: Michael Kyando; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 27 March 2023
Procedural Posture: Criminal Appeal / Court of Appeal Judgment
Outcome: Appeal allowed; proceedings and judgment of the High Court quashed and set aside.
Legal Topics: Rape, Procedure for Criminal Appeals, Notice of Intention to Appeal
Source Language: English

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Michael Kyando

Appellant

The Republic

Respondent

Criminal Appeal / Court of Appeal Judgment

1 Whether the appeal before the High Court was competent without a notice of intention to appeal

The appeal before the High Court was incompetent due to absence of notice of intention to appeal, rendering the proceedings and judgment a nullity.

Appeal allowed; proceedings and judgment of the High Court quashed and set aside.

Proceedings of the High Court in DC Criminal Appeal No. 7 of 2020 nullified and quashed.
Judgment arising therefrom set aside.