abel mwamwezi vs republic 2013 tzca 180 20 june 2013

abel mwamwezi vs republic 2013 tzca 180 20 june 2013

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

Citation
abel mwamwezi vs republic 2013 tzca 180 20 june 2013
Parties
Applicant: Abel Mwamwezi; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 June 2013
Procedural Posture
Criminal Application / Application for Extension of Time
Outcome
application struck out
Legal Topics
Extension of Time, Notice of Motion, Preliminary Objection
Source Language
English
Criminal Law Procedural Law Extension of Time Notice of Motion Preliminary Objection

Case Brief

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Parties

Abel Mwamwezi

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Extension of Time

Legal Issues

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

Court Disposition

application struck out

Orders

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