abdallah said vs republic 2013 tzca 178 21 june 2013

abdallah said vs republic 2013 tzca 178 21 june 2013

The application was struck out because the notice of motion was incurably defective due to wrong citation of law and failure to comply with the mandatory requirements of Rule 48(1) and (2) of the Tanzania Court of Appeal Rules, 2009.

Citation
abdallah said vs republic 2013 tzca 178 21 june 2013
Parties
Applicant: Abdallah Said; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 June 2013
Procedural Posture
Criminal Application / Application for Extension of Time; Preliminary Objection Raised and Determined
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Preliminary Objection, Defective Notice of Motion, Procedural Compliance
Source Language
English
Criminal Procedure Extension of Time Preliminary Objection Defective Notice of Motion Procedural Compliance

Case Brief

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Parties

Abdallah Said

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Extension of Time; Preliminary Objection Raised and Determined

Legal Issues

  1. 1 Whether the application is defective for wrong citation of law
  2. 2 Whether the application is defective for non-compliance with 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 due to wrong citation of law and failure to comply with the mandatory requirements of Rule 48(1) and (2) of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

Application struck out as incompetent

Orders

  • The application is struck out for want of a valid notice of motion.