20170518 TZCA Dodoma

20170518 TZCA Dodoma

Failure to give notice of intention to appeal within ten days from conviction and sentence, as required by section 361(1)(a) of the Criminal Procedure Act, renders the appeal incompetent and warrants dismissal.

Citation
20170518 TZCA Dodoma
Parties
Appellant: Mohamed Shango; Appellant: Hassan Juma; Appellant: Seif Jumanne; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 May 2017
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Armed Robbery, Appeal Procedure, Extension of Time, Notice of Appeal
Source Language
English
Criminal Law Criminal Procedure Armed Robbery Appeal Procedure Extension of Time Notice of Appeal

Case Brief

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Parties

Mohamed Shango

Appellant

Hassan Juma

Appellant

Seif Jumanne

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellants complied with statutory requirements for lodging an appeal to the High Court
  2. 2 Whether failure to give notice of intention to appeal within prescribed time renders the appeal incompetent

Ratio Decidendi

Failure to give notice of intention to appeal within ten days from conviction and sentence, as required by section 361(1)(a) of the Criminal Procedure Act, renders the appeal incompetent and warrants dismissal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety.
  • Appellants advised to apply for extension of time to give notice of intention to appeal and for leave to appeal out of time if they wish to pursue appeal.