saulo mwandu kamando others vs republic 2016 tzca 306 15 april 2016

saulo mwandu kamando others vs republic 2016 tzca 306 15 april 2016

The appellants' notices of appeal were incurably defective for failing to state the correct case numbers, citing incorrect statutory provisions, and lacking required signatures, in contravention of Rule 68(2) and (7) of the Court of Appeal Rules, 2009, thereby rendering the appeal incompetent and subject to being struck out.

Citation
saulo mwandu kamando others vs republic 2016 tzca 306 15 april 2016
Parties
Applicant: Saulo Mwaidu Q Kamando; Applicant: John Amos; Applicant: Venance Fakiala; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 April 2016
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Armed Robbery, Notice of Appeal Requirements, Procedural Defects, Competence of Appeal
Source Language
English
Criminal Law Appellate Procedure Armed Robbery Notice of Appeal Requirements Procedural Defects Competence of Appeal

Case Brief

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Parties

Saulo Mwaidu Q Kamando

Applicant

John Amos

Applicant

Venance Fakiala

Applicant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the notices of appeal filed by the appellants complied with mandatory procedural requirements under Rule 68(2) and (7) of the Court of Appeal Rules, 2009
  2. 2 Whether failure to comply with these requirements renders the appeal incompetent

Ratio Decidendi

The appellants' notices of appeal were incurably defective for failing to state the correct case numbers, citing incorrect statutory provisions, and lacking required signatures, in contravention of Rule 68(2) and (7) of the Court of Appeal Rules, 2009, thereby rendering the appeal incompetent and subject to being struck out.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out.