Albanus Aloyce and Another versus The Republic

Albanus Aloyce and Another versus The Republic; Criminal Appeal No 133 of 2001: Court of Appeal of Tanzania at Arusha (Unreported).

• Court of Appeal Rules

• Criminal Appeal – Failure to Comply with Rule 68 the Court of Appeal Rules – Effect.

Othman, C.J, Mbarouk, J.A, Kaijage J. A

Facts:-

The appellants filed a notice of appeal which indicated that they were convicted of the offence of robbery with violence while that offence was substituted with the offence of armed robbery by the High Court. The notice indicated a wrong date of judgment and number of the High Court Case.

Held: -

It is now settled that, violation of mandatory requirements under Rule 68 of the Court of Appeal Rules renders the notice of Appeal defective and that renders the intended appeal incompetent.