20160418 TZCA Mbeya2 1
Reference to a non-existing judgment in the notice of motion renders the application incurably defective and incompetent.
- Citation
- 20160418 TZCA Mbeya2 1
- Parties
- Applicant: Benedict Kilembe; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 April 2016
- Procedural Posture
- Criminal Application / Ruling on Preliminary Objection
- Outcome
- Application struck out
- Legal Topics
- Extension of Time, Preliminary Objection, Defective Notice of Motion
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2
Parties
Benedict Kilembe
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether failure to cite Rule 48(1) renders the application defective
- 2 Whether reference to a non-existing judgment invalidates the application
Ratio Decidendi
Reference to a non-existing judgment in the notice of motion renders the application incurably defective and incompetent.
Court Disposition
Application struck out
Orders
- Notice of motion struck out
Full Case Text
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