elia masena kachala others vs republic 2013 tzca 295 20 september 2013
The appeal was incompetent because the notices of appeal were incurably defective, failing to comply with mandatory procedural requirements under Rule 68(2) of the Tanzania Court of Appeal Rules, 2009.
- Citation
- elia masena kachala others vs republic 2013 tzca 295 20 september 2013
- Parties
- Appellant: Sce Halal; Appellant: Samwel Makago; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 September 2013
- Procedural Posture
- Criminal Appeal / Striking Out for Incompetence
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Notice of Appeal, Jurisdiction, Armed Robbery, Gang Rape, Unnatural Offence
- Source Language
- English
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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Parties
Sce Halal
Appellant
Samwel Makago
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Striking Out for Incompetence
Legal Issues
- 1 Whether the notices of appeal filed by the appellants were valid and competent to institute an appeal before the Court of Appeal
- 2 Whether the appeal could be entertained in the absence of a proper notice of appeal
Ratio Decidendi
The appeal was incompetent because the notices of appeal were incurably defective, failing to comply with mandatory procedural requirements under Rule 68(2) of the Tanzania Court of Appeal Rules, 2009.
Court Disposition
appeal struck out as incompetent
Orders
- The purported appeal is struck out.
- Appellants may lodge a fresh notice or notices of appeal after obtaining extensions of time.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment