20100514 TZCA Mwanza3

20100514 TZCA Mwanza3

The appeal was incompetent due to absence of a proper memorandum of appeal against the High Court ruling, but in the interests of justice, the Court exercised revisional powers to extend time for the appellant to file a notice of intention to appeal before the High Court.

Citation
20100514 TZCA Mwanza3
Parties
Appellant: Samwel Philemon; Appellant: Sohela Francis; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 May 2010
Procedural Posture
Criminal Appeal / Appeal From High Court Ruling; Consolidated Appeal; Hearing Before Court of Appeal
Outcome
Appeal incompetent; extension of time granted for filing notice of intention to appeal before High Court.
Legal Topics
Extension of Time, Notice of Intention to Appeal, Memorandum of Appeal, Appellate Procedure, Revisional Powers
Source Language
English
Criminal Procedure Extension of Time Notice of Intention to Appeal Memorandum of Appeal Appellate Procedure Revisional Powers

Case Brief

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Parties

Samwel Philemon

Appellant

Sohela Francis

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Ruling; Consolidated Appeal; Hearing Before Court of Appeal

Legal Issues

  1. 1 Whether the appeal was properly before the Court of Appeal due to procedural defects
  2. 2 Whether sufficient cause existed for delay in filing appeal
  3. 3 Whether extension of time to file notice of intention to appeal should be granted

Ratio Decidendi

The appeal was incompetent due to absence of a proper memorandum of appeal against the High Court ruling, but in the interests of justice, the Court exercised revisional powers to extend time for the appellant to file a notice of intention to appeal before the High Court.

Court Disposition

Appeal incompetent; extension of time granted for filing notice of intention to appeal before High Court.

Orders

  • Appellant to file notice of intention to appeal against the High Court ruling within ten (10) days from the date of this ruling.