20140430 TZCA Mwanza1
The incorrect citation of the High Court case number in the notice of appeal is a fatal defect, rendering the appeal incompetent and incapable of being entertained.
Source-derived case information.
- Citation
- 20140430 TZCA Mwanza1
- Parties
- Appellant: Self Malomele @ Ranguni; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 30 April 2014
- Procedural Posture
- Criminal Appeal / Ruling on Competence of Appeal
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Notice of Appeal, Competence of Appeal, Rape Conviction
- Source Language
- english
Criminal Law Criminal Procedure Notice of Appeal Competence of Appeal Rape Conviction
Source-derived case record
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Parties
Self Malomele @ Ranguni
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Competence of Appeal
Legal Issues
- 1 Whether the notice of appeal was valid and competent to institute the appeal
Ratio Decidendi
The incorrect citation of the High Court case number in the notice of appeal is a fatal defect, rendering the appeal incompetent and incapable of being entertained.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out.
- The appellant may file a fresh, valid appeal.
Full Case Text
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