20150831 TZCA Mbeya 1

The appeal is incompetent before the Court of Appeal due to the absence of a certificate on point of law from the High Court as required by section 6(7)(b) of the Appellate Jurisdiction Act.

Citation: 20150831 TZCA Mbeya 1
Parties: Appellant: Mikidadi Naso Ro; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 31 August 2015
Procedural Posture: Criminal Appeal / Ruling on Preliminary Objection in Third Appeal
Outcome: appeal struck out
Legal Topics: Third Appeal, Certificate on Point of Law, Jurisdiction, Appellate Jurisdiction Act
Source Language: English

Criminal Law Appellate Procedure Third Appeal Certificate on Point of Law Jurisdiction Appellate Jurisdiction Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2

Parties

Mikidadi Naso Ro

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection in Third Appeal

Legal Issues

1 Whether the appeal to the Court of Appeal is competent without a certificate on point of law from the High Court in a third appeal originating from the Primary Court

Ratio Decidendi

The appeal is incompetent before the Court of Appeal due to the absence of a certificate on point of law from the High Court as required by section 6(7)(b) of the Appellate Jurisdiction Act.

Court Disposition

appeal struck out

Orders

The preliminary objection is upheld.
The appeal is struck out as incompetent.