20160224 TZHC Dar es Salaam

20160224 TZHC Dar es Salaam

The appeal was struck out as incompetent due to defects in the notice of appeal and failure to obtain a certificate from the High Court certifying that a point of law was involved, both of which are mandatory legal requirements for instituting a third appeal in criminal matters.

Citation
20160224 TZHC Dar es Salaam
Parties
Appellant: Salum Masoud Halid; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 February 2016
Procedural Posture
Criminal Appeal / Third Appeal Before Court of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Armed Robbery, Plea of Guilt, Notice of Appeal Defects, Requirement for Certificate of Point of Law, Competence of Appeal
Source Language
English
Criminal Law Appellate Procedure Armed Robbery Plea of Guilt Notice of Appeal Defects Requirement for Certificate of Point of Law Competence of Appeal

Case Brief

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Parties

Salum Masoud Halid

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Third Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the notice of appeal was valid and properly instituted the appeal
  2. 2 Whether the appeal was competent without a certificate from the High Court that a point of law was involved

Ratio Decidendi

The appeal was struck out as incompetent due to defects in the notice of appeal and failure to obtain a certificate from the High Court certifying that a point of law was involved, both of which are mandatory legal requirements for instituting a third appeal in criminal matters.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out.