ngombe so bahame another vs republic 2013 tzca 480 17 september 2013

ngombe so bahame another vs republic 2013 tzca 480 17 september 2013

The appeal was struck out because the notice of appeal was fatally defective for failing to state the nature of the offence of which the appellants were convicted, as required by Rule 61(2) of the Tanzania Court of Appeal Rules, 1979.

Citation
ngombe so bahame another vs republic 2013 tzca 480 17 september 2013
Parties
Appellant: Ngombe s/o Bahame; Appellant: Nkingwa s/o Nkomba; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 September 2013
Procedural Posture
Criminal Appeal / Court of Appeal Ruling on Preliminary Objection
Outcome
Appeal struck out as incompetent
Legal Topics
Notice of Appeal, Defective Notice, Robbery With Violence, Armed Robbery, Rule 61(2) Tanzania Court of Appeal Rules
Source Language
English
Criminal Law Appellate Procedure Notice of Appeal Defective Notice Robbery With Violence Armed Robbery Rule 61(2) Tanzania Court of Appeal Rules

Case Brief

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Parties

Ngombe s/o Bahame

Appellant

Nkingwa s/o Nkomba

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the notice of appeal is fatally defective for failing to state the nature of the offence convicted by the trial court

Ratio Decidendi

The appeal was struck out because the notice of appeal was fatally defective for failing to state the nature of the offence of which the appellants were convicted, as required by Rule 61(2) of the Tanzania Court of Appeal Rules, 1979.

Court Disposition

Appeal struck out as incompetent

Orders

  • Appeal is struck out