20110921 TZCA Mwanza

20110921 TZCA Mwanza

The notice of appeal was filed out of time as the officer in charge of the prison failed to endorse the date and time, thus the appellant could not benefit from the exception for prisoners; the appeal was incompetent and struck out.

Citation
20110921 TZCA Mwanza
Parties
Appellant: Sefu Malomele @ Ranguni; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 September 2011
Procedural Posture
Criminal Appeal / Ruling on Preliminary Objection (timeliness of Notice of Appeal)
Outcome
appeal struck out as incompetent
Legal Topics
Notice of Appeal, Time Limitation, Prisoner Appeals
Source Language
English
Criminal Law Appellate Procedure Notice of Appeal Time Limitation Prisoner Appeals

Case Brief

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Parties

Sefu Malomele @ Ranguni

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Preliminary Objection (timeliness of Notice of Appeal)

Legal Issues

  1. 1 Whether the notice of appeal was lodged within the prescribed time under the Court of Appeal Rules, 1979
  2. 2 Whether the appellant, as a prisoner, could benefit from the exception to the time limitation under Rule 68(2) and (3)

Ratio Decidendi

The notice of appeal was filed out of time as the officer in charge of the prison failed to endorse the date and time, thus the appellant could not benefit from the exception for prisoners; the appeal was incompetent and struck out.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out.
  • The appellant is at liberty to file a fresh notice of appeal, subject to the law of limitation.