20130618 TZCA Mbeya

20130618 TZCA Mbeya

The notice of appeal was defective as it did not comply with Rule 68(1) and (2) of the Court of Appeal Rules 2009, and therefore could not institute a valid appeal, rendering the appeal incompetent and subject to being struck out.

Citation
20130618 TZCA Mbeya
Parties
Appellant: Oscar Pendeza; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 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, Appeal Competence
Source Language
English
Criminal Law Criminal Procedure Armed Robbery Notice of Appeal Procedural Defects Appeal Competence

Case Brief

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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 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 was defective as it did not comply with Rule 68(1) and (2) of the Court of Appeal Rules 2009, and therefore could not institute a valid appeal, rendering the appeal incompetent and subject to being struck out.

Court Disposition

appeal struck out as incompetent

Orders

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