20130508 TZCA Tabora

The application was incompetent for being filed out of time and for failure to cite the specific enabling provision of law, both of which are fundamental procedural defects that cannot be cured.

Citation: 20130508 TZCA Tabora
Parties: Applicant: Njamba s/o Kulamiwa; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 8 May 2013
Procedural Posture: Criminal Application for Revision / Ruling on Preliminary Objections
Outcome: Application struck out as incompetent.
Legal Topics: Revision, Jurisdiction, Limitation Periods, Procedural Irregularities
Source Language: English

Criminal Law Appellate Procedure Revision Jurisdiction Limitation Periods Procedural Irregularities

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Parties

Njamba s/o Kulamiwa

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Revision / Ruling on Preliminary Objections

Legal Issues

1 Whether the application for revision was filed within the prescribed time limit under Rule 65(4) of the Court of Appeal Rules, 2009
2 Whether the application was competent for failure to cite the specific enabling provision of law

Ratio Decidendi

The application was incompetent for being filed out of time and for failure to cite the specific enabling provision of law, both of which are fundamental procedural defects that cannot be cured.

Court Disposition

Application struck out as incompetent.

Orders

Application struck out for being time-barred and for failure to cite the enabling provision of law.