mohamed mchopa and the republic 2 1994 tzca 51 8 november 1994

The appeal is incompetent due to the absence of the required certificate from the High Court, and is summarily rejected under section 4(4) of the Appellate Jurisdiction Act, 1979.

Citation: mohamed mchopa and the republic 2 1994 tzca 51 8 november 1994
Parties: Appellant: Mohamed Mchopa; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 8 November 1994
Procedural Posture: Criminal Appeal / Third Appeal to Court of Appeal
Outcome: appeal summarily rejected as incompetent
Legal Topics: Robbery With Violence, Appeal Competence, Certificate Requirement
Source Language: English

Criminal Law Appellate Procedure Robbery With Violence Appeal Competence Certificate Requirement

Case Brief

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Parties

Mohamed Mchopa

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Third Appeal to Court of Appeal

Legal Issues

1 Whether the appeal to the Court of Appeal is competent without a certificate from the High Court as required by section 5(c) of the Appellate Jurisdiction Act, 1979

Ratio Decidendi

The appeal is incompetent due to the absence of the required certificate from the High Court, and is summarily rejected under section 4(4) of the Appellate Jurisdiction Act, 1979.

Court Disposition

appeal summarily rejected as incompetent

Orders

appeal summarily rejected under section 4(4) of the Appellate Jurisdiction Act, 1979