petro safari another vs republic 2023 tzhc 17622 31 may 2023

The appeal was lodged beyond the 30 days allowed by the court, rendering it time barred and incompetent; the proper order is to strike out the appeal.

Citation: petro safari another vs republic 2023 tzhc 17622 31 may 2023
Parties: Appellant: Petro Safari; Appellant: Frank Petro @Kalasongo; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 31 May 2023
Procedural Posture: Criminal Appeal / Ruling on Preliminary Objection
Outcome: appeal struck out as time barred
Legal Topics: Armed Robbery, Appeal Out of Time, Preliminary Objection, Time Barred Appeal
Source Language: English

Criminal Law Criminal Procedure Armed Robbery Appeal Out of Time Preliminary Objection Time Barred Appeal

Case Brief

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Parties

Petro Safari

Appellant

Frank Petro @Kalasongo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the appeal was lodged within the time allowed by the court
2 Whether the appeal should be struck out for being time barred

Ratio Decidendi

The appeal was lodged beyond the 30 days allowed by the court, rendering it time barred and incompetent; the proper order is to strike out the appeal.

Court Disposition

appeal struck out as time barred

Orders

Appeal struck out for being lodged out of time
It is ordered accordingly