Notice of intention to appeal in Tanzania (guide, sample + pdf)

Here I will teach you everything you need to know about the Notice of intention to appeal in Tanzania or simply notice of appeal.

I will cover;

• what is a notice of intention to appeal
• Consequences of failure to file a notice of appeal
• form and content of Notice of intention to appeal
• sample of notice of intention to appeal in Tanzania
• etc.

let’s get started

What is a notice of intention to appeal?

A Notice of Intention to Appeal is a formal document that indicates a party’s intention to appeal a decision or judgment rendered by a lower court or administrative body.

This notice is typically required by the rules and procedures governing the appellate process in Tanzania.

for example

The provisions of section 361(1)(a) of the Criminal Procedure Act, CAP 20, sets a mandatory requirement to an intended appellant to give notice of intention to appeal within ten days from the date of finding, sentence or order.

Also in Tax appeals, a written notice of intention to appeal must be filled out within thirty days following the date on which a notice of final determination of assessment of tax or any other decision by the Commissioner General (section 16(1) & (3)(a) of the Tax Revenue Appeals Act, Cap. 408 read together with rule 3 of the Tax Revenue Appeals Board Rules, 2018)

Further, Any person who desires to appeal to the Court of Appeal shall lodge a written notice in duplicate with the Registrar of the High Court within thirty days of the date of the decision
against which it is desired to appeal. (see Rules 68 and 83 of Court of Appeal Rules, 2009)

See; Sample of Petition of Appeal

Form and content of Notice of Intention to Appeal

Despite that rules and procedures governing the Notice of Intention to Appeal are different the good thing is the form and content of the Notice of Intention to Appeal stay the same.

Notice of Intention to Appeal usually includes

1. Title i.e name of the court, case number
2. Parties
3. Heading i.e NOTICE OF INTENTION TO APPEAL, or NOTICE OF APPEAL
4. Name of the appellant
5. Details of the decision you are appealing against i.e name of the magistrate, judge/chairman who passed the decision, place, the date given
6. address for service of the Appellant 
7. address for service of the Respondent
8. Date and signature of the Appellant
9. Date of filling and Registrar/Registry Officer signature

Consequences of failure to file a notice of appeal

A notice of appeal is an important initial step in the appellate process, and failure to file the notice within the specified timeframe may result in the waiver of your right to appeal (it entails that, you don’t want to appeal at all).

And in case you file your appeal in the absence of a notice of intention to appeal, the court will see that there is no competent appeal and it will strike out the appeal.

Sample of notice of appeal in Tanzania

IN THE HIGH COURT OF TANZANIA

DAR ES SALAAM DISTRICT REGISTRY

AT DAR ES SALAAM

CRIMINAL APPEAL NO. …….. OF 20….

IN THE MATTER OF AN INTENDED CRIMINAL APPEAL NO. ….. OF 20….

BETWEEN

FRANK SHIJA ……………………………………………… APPELLANT

AND

THE REPUBLIC ……………………………………………… RESPONDENT

(appeal from the decision of the Court of the Resident Magistrate of Dar Es Salaam at Kisutu, Khaday PRM. dated the 9th day of August 2006 in Criminal Case No. 786 of 20…)

NOTICE OF INTENTION TO APPEAL

TAKE NOTICE that FRANK SHIJA, being dissatisfied with the decision of the Honourable Khaday PRM., given at Dar Es Salaam on the 9th day of August 20…, intends to appeal to the High of Tanzania against both conviction and sentence.

The address for service of the Appellant is in the care of:-

ARC & Co

ADVOCATES,

HAKI BUILDING,

AZIKIWE STREET,

P.O. BOX 3000,

DAR ES SALAAM.

It is intended to serve a copy of this notice upon:-

THE DIRECTOR OF PUBLIC PROSECUTIONS,

DAR ES SALAAM ZONE,

ATTORNEY GENERAL’S CHAMBERS,

ATC HOUSE,

OHIO STREET/GARDEN AVENUE,

DAR ES SALAAM.

DATED AT DAR ES SALAAM this 10th day of August 20…..

……….……………………………….

ADVOCATE FOR THE APPELLANT

TO:-

The Registrar,

High Court of Tanzania,

DAR ES SALAAM.

Presented for filing this ……. day of August, 20….

………….…………..

REGISTRY OFFICER

Notice of appeal in Tanzania pdf

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Conclusion

I hope you have found this guide on the Notice of Intention to Appeal in Tanzania useful.

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