rajabu ngwanda and 3 others vs republic 2013 tzca 426 6 august 2013

Failure to obtain a certificate on point of law from the High Court renders the appeal incompetent and it must be struck out.

Citation: rajabu ngwanda and 3 others vs republic 2013 tzca 426 6 august 2013
Parties: Appellant: Rajabu Ngwanda; Appellant: Godfrey Frank; Appellant: Martin Kimemile; Appellant: Mustapha Manzi; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 6 August 2013
Procedural Posture: Criminal Appeal / Court of Appeal Ruling on Competence of Appeal
Outcome: appeal struck out as incompetent
Legal Topics: Armed Robbery, Appeal From Primary Court, Certificate on Point of Law, Jurisdiction
Source Language: English

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Rajabu Ngwanda

Appellant

Godfrey Frank

Appellant

Martin Kimemile

Appellant

Mustapha Manzi

Appellant

The Republic

Respondent

Criminal Appeal / Court of Appeal Ruling on Competence of Appeal

1 Whether an appeal to the Court of Appeal is competent without a certificate from the High Court on a point of law for cases originating from the Primary Court

Failure to obtain a certificate on point of law from the High Court renders the appeal incompetent and it must be struck out.

appeal struck out as incompetent

Appeal struck out for want of certificate on point of law from the High Court.
Appellants may apply afresh in the High Court for extension of time and certificate on point of law.