robert so madololyo vs republic 2018 tzca 346 14 february 2018

Without a complete record of appeal compiled in compliance with the mandatory rules, the Court lacks jurisdiction to proceed; the hearing is adjourned to allow reconstruction of the record.

Citation: robert so madololyo vs republic 2018 tzca 346 14 february 2018
Parties: Appellant: Robert Sio Madololyo; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 14 February 2018
Procedural Posture: Criminal Appeal / Appellate (court of Appeal)
Outcome: hearing adjourned
Legal Topics: Rape, Missing Court Records, Reconstruction of Records, Extension of Time, Jurisdiction
Source Language: English

Criminal Law Appellate Procedure Rape Missing Court Records Reconstruction of Records Extension of Time Jurisdiction

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Robert Sio Madololyo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appellate (court of Appeal)

Legal Issues

1 Whether the appeal can proceed in the absence of the trial and first appellate court records
2 What is the appropriate procedure when court records are missing
3 Whether the appellant provided adequate explanation for delay in filing appeal

Ratio Decidendi

Without a complete record of appeal compiled in compliance with the mandatory rules, the Court lacks jurisdiction to proceed; the hearing is adjourned to allow reconstruction of the record.

Court Disposition

hearing adjourned

Orders

Deputy Registrar to reconstruct the record of appeal
Registrar of the Court of Appeal to fix a new hearing date after reconstruction