thomas lemunge vs republic 2005 tzhc 98 18 march 2005
The appeal is incompetent as it is barred by law due to the conviction being on a plea of guilty and the absence of a mandatory notice of appeal.
- Citation
- thomas lemunge vs republic 2005 tzhc 98 18 march 2005
- Parties
- Appellant: Thomas Lemunge; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 March 2005
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Appeals, Plea of Guilty, Procedural Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Thomas Lemunge
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether an appeal lies against conviction and sentence on a plea of guilty
- 2 Whether the appeal is competent in absence of a notice of appeal
Ratio Decidendi
The appeal is incompetent as it is barred by law due to the conviction being on a plea of guilty and the absence of a mandatory notice of appeal.
Court Disposition
appeal struck out as incompetent
Orders
- appeal struck out for contravening Sections 360(1) and 361(a) of the Criminal Procedure Act, 1985
Full Case Text
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