20111109 TZCA Arusha1

The appeal is incompetent because, after refusal of extension of time by the High Court, the appellant's remedy was to apply to the Court of Appeal for extension of time, not to file an appeal.

Citation: 20111109 TZCA Arusha1
Parties: Appellant: Octavian Moris; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 9 November 2011
Procedural Posture: Criminal Appeal / Ruling on Competence of Appeal
Outcome: appeal struck out as incompetent
Legal Topics: Extension of Time, Incompetent Appeal, Jurisdiction of Appellate Court
Source Language: English

Criminal Law Appellate Procedure Extension of Time Incompetent Appeal Jurisdiction of Appellate Court

Case Brief

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Parties

Octavian Moris

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Competence of Appeal

Legal Issues

1 Whether the appeal lodged by the appellant is competent before the Court of Appeal after refusal of extension of time by the High Court

Ratio Decidendi

The appeal is incompetent because, after refusal of extension of time by the High Court, the appellant's remedy was to apply to the Court of Appeal for extension of time, not to file an appeal.

Court Disposition

appeal struck out as incompetent

Orders

The appeal is struck out.
If the appellant wishes to pursue his rights, he must file an application for extension of time to appeal under Rule 10 of the Court Rules.