The Appellant, was charged with the offence of murder contrary to section 180 of the Penal Decree, Cap 13 of the Laws of Zanzibar before the High Court of Zanzibar sitting at Vuga. The High Court convicted him of the offence and, as a result, sentenced him to suffer death by hanging in accordance with section 181 of Cap 13 (supra). Aggrieved, the Appellant appealed to this Court, challenging both conviction and sentence upon a Memorandum of Appeal containing three points of grievance.
Before the merits of the appeal could be heard, the Respondent raised a preliminary objection that, the purported Notice of Appeal was incurably defective; hence it failed to comply with the Court of Appeal Rules, 2009. In the alternative, the notice contended that, the purported Memorandum of Appeal was incurably defective; hence it failed to comply with the Court of Appeal Rules, 2009.