20150413 TZCA Tabora
The notice of appeal was defective as it failed to indicate the correct registration number and sentence, thus it could not institute a competent appeal under Rule 68 of the Court of Appeal Rules, 2009.
- Citation
- 20150413 TZCA Tabora
- Parties
- Appellant: Ramadhani Rashidi; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 13 April 2015
- Procedural Posture
- Criminal Appeal / Ruling on Validity of Notice of Appeal
- Outcome
- appeal struck out
- Legal Topics
- Rape, Notice of Appeal, Procedural Defects, Appeal Process
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ramadhani Rashidi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Validity of Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal filed by the appellant conformed to the mandatory requirements of Rule 68 of the Court of Appeal Rules, 2009
- 2 Whether a defective notice of appeal can institute a competent appeal
Ratio Decidendi
The notice of appeal was defective as it failed to indicate the correct registration number and sentence, thus it could not institute a competent appeal under Rule 68 of the Court of Appeal Rules, 2009.
Court Disposition
appeal struck out
Orders
- The purported appeal is struck out.
Full Case Text
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