rajabu ngwanda 3 others vs republic 2013 tzca 383 6 august 2013

rajabu ngwanda 3 others vs republic 2013 tzca 383 6 august 2013

The appeal is incompetent because the appellants failed to obtain a certificate from the High Court on a point of law, which is a mandatory requirement for appeals from criminal matters originating in Primary Courts.

Citation
rajabu ngwanda 3 others vs republic 2013 tzca 383 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, Appeals From Primary Court, Certificate on Point of Law, Jurisdiction
Source Language
English
Criminal Law Appellate Procedure Armed Robbery Appeals From Primary Court Certificate on Point of Law Jurisdiction

Case Brief

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Parties

Rajabu Ngwanda

Appellant

Godfrey Frank

Appellant

Martin Kimemile

Appellant

Mustapha Manzi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Ruling on Competence of Appeal

Legal Issues

  1. 1 Whether the appeal to the Court of Appeal is competent without a certificate from the High Court on a point of law in a criminal matter originating from the Primary Court

Ratio Decidendi

The appeal is incompetent because the appellants failed to obtain a certificate from the High Court on a point of law, which is a mandatory requirement for appeals from criminal matters originating in Primary Courts.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out.
  • The appellants may apply in the High Court for extension of time and for a certificate on point of law.