20180214 TZCA Tabora 1

Without a complete record of appeal compiled in compliance with mandatory rules, the Court lacks jurisdiction to proceed; reconstruction of records is necessary before hearing can continue.

Citation: 20180214 TZCA Tabora 1
Parties: Appellant: Robert s/o Madololyo; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 14 February 2018
Procedural Posture: Criminal Appeal / Adjourned for Reconstruction of Record
Outcome: hearing adjourned
Legal Topics: Rape, Missing Court Records, Reconstruction of Records, Extension of Time
Source Language: English

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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2

Parties

Robert s/o Madololyo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Adjourned for Reconstruction of Record

Legal Issues

1 Whether the appeal can proceed in absence of trial and appellate court records
2 What procedures should be followed 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 mandatory rules, the Court lacks jurisdiction to proceed; reconstruction of records is necessary before hearing can continue.

Court Disposition

hearing adjourned

Orders

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