rashid said masumai vs republic 2018 tzca 499 10 july 2018

Failure to state the correct sentence in the notice of appeal constitutes a defect that renders the appeal incompetent under Rule 68(2) of the Tanzania Court of Appeal Rules, 2009.

Citation: rashid said masumai vs republic 2018 tzca 499 10 july 2018
Parties: Appellant: Rashidi Said Masumai; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 10 July 2018
Procedural Posture: Criminal Appeal / Second Appeal Before Court of Appeal
Outcome: appeal struck out
Legal Topics: Rape, Notice of Appeal, Appeal Competency
Source Language: English

Criminal Law Procedural Law Rape Notice of Appeal Appeal Competency

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Parties

Rashidi Said Masumai

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of Appeal

Legal Issues

1 Whether the notice of appeal was competent under Rule 68(2) of the Tanzania Court of Appeal Rules, 2009
2 Whether the defect in stating the sentence in the notice of appeal renders the appeal incompetent

Ratio Decidendi

Failure to state the correct sentence in the notice of appeal constitutes a defect that renders the appeal incompetent under Rule 68(2) of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

appeal struck out

Orders

appeal struck out for incompetency due to defective notice of appeal