NA TZCA Arusha
The appeal was subject to dismissal due to non-compliance with procedural requirements regarding service and lodging of the Memorandum of Appeal.
Source-derived case information.
- Citation
- NA TZCA Arusha
- Parties
- Appellant: The Director of Public Prosecutions; Respondent: Edward Siara Kivuyo; Respondent: Nicky Joseph
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 July 1991
- Procedural Posture
- Criminal Appeal / Preliminary Objection Before Hearing of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Economic Crimes, Notice of Motion, Dismissal of Appeal, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Director of Public Prosecutions
Appellant
Edward Siara Kivuyo
Respondent
Nicky Joseph
Respondent
Procedural Posture
Criminal Appeal / Preliminary Objection Before Hearing of Appeal
Legal Issues
- 1 Whether the appeal should be dismissed for failure to serve or lodge the Memorandum of Appeal as required by the Court of Appeal Rules
Ratio Decidendi
The appeal was subject to dismissal due to non-compliance with procedural requirements regarding service and lodging of the Memorandum of Appeal.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed under Rule 65(5) for failure to serve or lodge Memorandum of Appeal
Full Case Text
Judgment text and source record
1 paragraphs
......... ■oP APPEAL OP TANZMJIA r:uusH.A I (CORAM~ OML-ut &- J .A • 2 RAMi,,.DHA:NI I J .A • 1 MID f.!llJZA.VfiE I J .A • ) ct.nrr:NL1.L APPl"Tifl.L NO. 6 OP 1992 B:f!.,'TW.:EEN THE D:Gl.~CTOR 01!, l'U.;)LIC PROSECUTIONS. • • • APPELLANT AND 1• EDH!U/j.) BBR.A KIVUY O I 2.. l'iICIJ'.' JOSEHI ' . • ••• ,RESPONmlilTS (Appeal from the conviction of the HiGh court of. Tanzania at Arusha)~ (Nchalla, J •} dat.ed .the 2nd day of July, 1991 in ( I __g_riminal Sessions case No. 3--2,f 128J8 _ jlULII\G OJ? T"".tl.8 COURT .Public The Director ofL Prosecutions is. appealing against the acq_uittal of the two accused--.Edward Siara Ki~t It and Nicky Joseph charged with economic crimes offences. · But before this appeal was heard the Court was invited by ¥.r. Mahatane, learned counsel for the respondents to eonsider the Notice of Hotion lodged by him tmder Rules 61(2), 63 and 65 of the Tanzania Cou.t't of Appeal RulGs, 1979. Nr. Mahatane in this applicntion prayed for the dismisssl of the appeal under rule 65 (5) on the ground that till midday of the 29/4/92 the: respondents had not rcco ivod a Memo.rand um of Appeal in this cosc, nor was it lodgcd in any RGt:ist.cy of the Court of Appeal up to 28/4/92 • ••.• /2