20130620 TZCA Mbeya
The application was struck out because the notice of motion was incurably defective, failing to cite relevant provisions and not conforming to mandatory requirements of Rule 48(1) and (2).
- Citation
- 20130620 TZCA Mbeya
- Parties
- Applicant: Abdallah Said; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 June 2013
- Procedural Posture
- Criminal Application / Ruling on Preliminary Objection
- Outcome
- application struck out
- Legal Topics
- Extension of Time, Notice of Motion, Preliminary Objection
- 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 2 Party arguments 2
Parties
Abdallah Said
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is defective for wrong citation of the law
- 2 Whether the application is defective for offending Rule 48(2) of the Tanzania Court of Appeal Rules, 2009
Ratio Decidendi
The application was struck out because the notice of motion was incurably defective, failing to cite relevant provisions and not conforming to mandatory requirements of Rule 48(1) and (2).
Court Disposition
application struck out
Orders
- The application is struck out for want of a valid notice of motion.
Full Case Text
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