osca pendeza vs republic 2013 tzca 475 20 june 2013

osca pendeza vs republic 2013 tzca 475 20 june 2013

The notice of appeal filed by the appellant was defective as it did not comply with the mandatory requirements of Rule 68(1) and (2) of the Court of Appeal Rules 2009, and therefore could not institute a competent appeal.

Citation
osca pendeza vs republic 2013 tzca 475 20 june 2013
Parties
Appellant: Oscar Pendeza; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 June 2013
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Armed Robbery, Notice of Appeal, Procedural Defects, Competence of Appeal
Source Language
English
Criminal Law Appellate Procedure Armed Robbery Notice of Appeal Procedural Defects Competence of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Oscar Pendeza

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the notice of appeal filed by the appellant complied with Rule 68(1) and (2) of the Court of Appeal Rules 2009
  2. 2 Whether a defective notice of appeal renders the appeal incompetent

Ratio Decidendi

The notice of appeal filed by the appellant was defective as it did not comply with the mandatory requirements of Rule 68(1) and (2) of the Court of Appeal Rules 2009, and therefore could not institute a competent appeal.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out for being incompetent due to a defective notice of appeal.