Katara Gamena versus The Republic

Katara Gamena versus The Republic; Criminal  Appeal No. 119 of 2014: Court of Appeal of Tanzania at Mwanza (Unreported).

• Court of Appeal Rules.

• Memorandum of Appeal – variance between the notice of appeal and memorandum of appeal – whether fatal.

Held:-

In the event a memorandum of appeal sets out the grounds of objection against the decision which is not being appealed against, it cannot be taken to be a memorandum of appeal in respect of the intended appeal (in this case the memorandum of appeal sets out grounds against the decision in criminal Appeal No 137 of 2010 and not Misc Criminal Appeal No 3 of 2013 which was stated in the notice of appeal).