20191108 TZCA Mtwara
The respondent's petition of appeal at the High Court was filed outside the statutory forty-five day period, and the notice of appeal was lodged to a non-existent court, rendering the appeal time barred and without jurisdiction.
- Citation
- 20191108 TZCA Mtwara
- Parties
- Appellant: Samuel Emmanuel Fulgence; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 8 November 2019
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal allowed
- Legal Topics
- Appeal Time Limitation, Corruption Offences, Abuse of Position, Sexual Favour, Jurisdiction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Samuel Emmanuel Fulgence
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the respondent's appeal at the High Court was filed within the prescribed time
- 2 Whether the notice of appeal was properly lodged
- 3 Whether the High Court had jurisdiction to entertain the appeal
Ratio Decidendi
The respondent's petition of appeal at the High Court was filed outside the statutory forty-five day period, and the notice of appeal was lodged to a non-existent court, rendering the appeal time barred and without jurisdiction.
Court Disposition
appeal allowed
Orders
- Proceedings, judgment, and conviction of the High Court quashed
- Three years sentence set aside
Full Case Text
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