20130806 TZCA Iringa

20130806 TZCA Iringa

Failure to obtain a certificate on point of law from the High Court renders an appeal from a criminal matter originating in a Primary Court incompetent before the Court of Appeal.

Citation
20130806 TZCA Iringa
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 Preliminary Objection
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 Preliminary Objection

Legal Issues

  1. 1 Whether an appeal from a criminal matter originating in a Primary Court can be entertained by the Court of Appeal without a certificate from the High Court on a point of law

Ratio Decidendi

Failure to obtain a certificate on point of law from the High Court renders an appeal from a criminal matter originating in a Primary Court incompetent before the Court of Appeal.

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 certificate on point of law if they wish to pursue the matter.