20150325 TZHC Dar es Salaam

20150325 TZHC Dar es Salaam

Preliminary objections based on technical grounds do not render the appeal incompetent; omission of 'John' in notice of appeal is curable by amendment; charge sheet annexed is proper; proceedings are not lacking essential elements; Criminal Case No. 380 of 1997 is not illegal.

Citation
20150325 TZHC Dar es Salaam
Parties
Appellant: Republic; Respondent: John Hilarius Nyakibari
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 March 2015
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Forgery, Uttering False Document, Obtaining Money by False Pretence, Procedural Objections, Amendment of Notice of Appeal
Source Language
English
Criminal Law Forgery Uttering False Document Obtaining Money by False Pretence Procedural Objections Amendment of Notice of Appeal

Case Brief

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Parties

Republic

Appellant

John Hilarius Nyakibari

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether omission of 'John' in notice of appeal renders appeal a nullity
  2. 2 Whether charge sheet annexed is proper
  3. 3 Whether proceedings lack essential elements

Ratio Decidendi

Preliminary objections based on technical grounds do not render the appeal incompetent; omission of 'John' in notice of appeal is curable by amendment; charge sheet annexed is proper; proceedings are not lacking essential elements; Criminal Case No. 380 of 1997 is not illegal.

Court Disposition

preliminary objection overruled

Orders

  • Appellant granted leave to amend notice of appeal and file a fresh one with correct name.
  • Appeal to proceed to hearing on 20/4/2015.