20061218 TZCA Dar es Salaam1

20061218 TZCA Dar es Salaam1

A prisoner's application for a copy of the judgment for the purpose of appeal constitutes sufficient notice of intention to appeal under the Criminal Procedure Act, even in the absence of a formal notice of appeal.

Citation
20061218 TZCA Dar es Salaam1
Parties
Appellant: Siasa s/o Mpinge; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 December 2006
Procedural Posture
Criminal Appeal / Appeal From High Court Dismissal to Court of Appeal
Outcome
appeal allowed
Legal Topics
Armed Robbery, Notice of Appeal, Extension of Time, Procedural Requirements
Source Language
English
Criminal Law Appellate Procedure Armed Robbery Notice of Appeal Extension of Time Procedural Requirements

Case Brief

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Parties

Siasa s/o Mpinge

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Dismissal to Court of Appeal

Legal Issues

  1. 1 Whether the appellant gave valid notice of intention to appeal to the High Court
  2. 2 Whether the absence of a formal notice of appeal invalidates the appeal

Ratio Decidendi

A prisoner's application for a copy of the judgment for the purpose of appeal constitutes sufficient notice of intention to appeal under the Criminal Procedure Act, even in the absence of a formal notice of appeal.

Court Disposition

appeal allowed

Orders

  • The decision of the High Court (IHEMA, J.) is quashed.
  • The appeal is remitted to the High Court to be heard on its merits as soon as possible.