pagi so chiluli vs ngwagi so malale 2019 tzhc 2119 9 january 2019

pagi so chiluli vs ngwagi so malale 2019 tzhc 2119 9 january 2019

The absence of the appellant's signature on the petition of appeal renders the appeal incompetent and not properly before the court.

Source-derived case information.

Citation
pagi so chiluli vs ngwagi so malale 2019 tzhc 2119 9 january 2019
Parties
Appellant: Pagi s/o Chiluli; Respondent: Ng'wagi s/o Malale
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 January 2019
Procedural Posture
Criminal Appeal / Second Appeal Before High Court
Outcome
petition struck out
Legal Topics
Appeal Procedure, Competency of Petition, Signature Requirement
Source Language
english
Criminal Law Procedural Law Appeal Procedure Competency of Petition Signature Requirement

Source-derived case record

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Parties

Pagi s/o Chiluli

Appellant

Ng'wagi s/o Malale

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before High Court

Legal Issues

  1. 1 Whether the unsigned petition of appeal is competent before the court
  2. 2 Whether the lower courts erred in acquitting the respondent

Ratio Decidendi

The absence of the appellant's signature on the petition of appeal renders the appeal incompetent and not properly before the court.

Court Disposition

petition struck out

Orders

  • Petition of appeal struck out for being incompetently filed before the court