mikidadi nasoro vs republic 2015 tzca 517 1 september 2015

mikidadi nasoro vs republic 2015 tzca 517 1 september 2015

The appeal is incompetent before the Court of Appeal as the appellant failed to obtain and present a certificate on point of law from the High Court, as required by section 6(7)(b) of the Appellate Jurisdiction Act for third appeals from the Primary Court.

Citation
mikidadi nasoro vs republic 2015 tzca 517 1 september 2015
Parties
Appellant: Mikidadi Nasoro; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 September 2015
Procedural Posture
Criminal Appeal / Preliminary Objection at Court of Appeal
Outcome
appeal struck out
Legal Topics
Third Appeal, Certificate on Point of Law, Jurisdiction, Robbery With Violence
Source Language
English
Criminal Law Appellate Procedure Third Appeal Certificate on Point of Law Jurisdiction Robbery With Violence

Case Brief

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Parties

Mikidadi Nasoro

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Preliminary Objection at Court of Appeal

Legal Issues

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

Ratio Decidendi

The appeal is incompetent before the Court of Appeal as the appellant failed to obtain and present a certificate on point of law from the High Court, as required by section 6(7)(b) of the Appellate Jurisdiction Act for third appeals from the Primary Court.

Court Disposition

appeal struck out

Orders

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