mikidadi nasoro vs republic 2015 tzca 236 31 august 2015

mikidadi nasoro vs republic 2015 tzca 236 31 august 2015

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.

Source-derived case information.

Citation
mikidadi nasoro vs republic 2015 tzca 236 31 august 2015
Parties
Appellant: Mikidadi Nasoro; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 August 2015
Procedural Posture
Criminal Appeal / Third Appeal Before Court of Appeal
Outcome
appeal struck out
Legal Topics
Right of Appeal, Certificate on Point of Law, Robbery With Violence
Source Language
english
Criminal Law Appellate Procedure Right of Appeal Certificate on Point of Law Robbery With Violence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mikidadi Nasoro

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Third Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the 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.