Thomas Peter @ Chacha Marwa versus The Republic; Criminal Appeal No 322 of 2013; Court of Appeal of Tanzania (Unreported).
- Appeals
- Summary rejection – whether an incompetent appeal can be summarily rejected.
- Dismissal – whether time – barred appeal can be dismissed.
- Criminal Procedure
- Notice of appeal – whether notice to the Prison authority suffices.
Held:-
(i) It is now common knowledge in our jurisprudence, that an incompetent proceeding cannot be determined on merit. It can only be struck out. If an appeal is time – barred it should be struck out and not reject it summarily.
(ii) Under the scheme of our criminal procedure Act, Cap 20, only a competent appeal can be summarily rejected.
(iii) When an application is held to be misconceived and incompetent the only option is to struck it out and not dismiss it.
(iv) CPA requires an intending appellant to give a notice of intention to appeal and not to lodge or file such notice. Notice of appeal given within time to prison authority suffices.