osca pendeza vs republic 2013 tzca 488 20 june 2013
The notice of appeal filed by the appellant was defective and did not comply with mandatory requirements under Rule 68(1) and (2) of the Court of Appeal Rules 2009, thus the appeal was incompetent and must be struck out.
- Citation
- osca pendeza vs republic 2013 tzca 488 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 Competency
- Source Language
- English
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 the appeal is competent in the absence of a valid notice of appeal
Ratio Decidendi
The notice of appeal filed by the appellant was defective and did not comply with mandatory requirements under Rule 68(1) and (2) of the Court of Appeal Rules 2009, 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
Full Case Text
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