20130612 TZCA Mbeya

20130612 TZCA Mbeya

The application was incompetent as it was made directly to the Court of Appeal instead of the High Court, failed to comply with procedural requirements including proper citation of enabling provisions, and the Notices of Motion were unsigned and blank.

Citation
20130612 TZCA Mbeya
Parties
Applicant: Jelad Kulwa; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 June 2013
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time
Outcome
Application struck out for incompetence
Legal Topics
Extension of Time, Notice of Motion, Procedural Defects
Source Language
English

Case Brief

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Parties

Jelad Kulwa

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Extension of Time

  1. 1 Whether the application for extension of time was properly before the Court of Appeal
  2. 2 Whether procedural requirements for filing an application for extension of time were met

Ratio Decidendi

The application was incompetent as it was made directly to the Court of Appeal instead of the High Court, failed to comply with procedural requirements including proper citation of enabling provisions, and the Notices of Motion were unsigned and blank.

Court Disposition

Application struck out for incompetence

Orders

  • Application struck out