oscar pendeza vs republic 2013 tzca 209 20 june 2013

The notice of appeal filed by the appellant was defective and did not comply with Rule 68 (1) and (2) of the Court of Appeal Rules, thus the appeal was incompetent and must be struck out.

Citation: oscar pendeza vs republic 2013 tzca 209 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, Appeal Procedure
Source Language: English

Criminal Law Procedural Law Armed Robbery Notice of Appeal Appeal Procedure

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

Ratio Decidendi

The notice of appeal filed by the appellant was defective and did not comply with Rule 68 (1) and (2) of the Court of Appeal Rules, thus the appeal was incompetent and must be struck out.

Court Disposition

appeal struck out as incompetent

Orders

appeal struck out for absence of valid notice of appeal