allyu daudahassan and 2 others vs republic 2021 tzhc 6135 30 august 2021
The application is incompetent because the prior appeal was dismissed, not struck out; the proper remedy is to appeal the dismissal, not seek extension of time to file notice of intention to appeal.
Source-derived case information.
- Citation
- allyu daudahassan and 2 others vs republic 2021 tzhc 6135 30 august 2021
- Parties
- Applicant: Allyu Dauda @ Hassan; Applicant: Rashid Mzee Athuman; Applicant: Ngesela Keya Joseph @ Ismail; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 August 2021
- Procedural Posture
- Criminal Application / Ruling on Preliminary Objection
- Outcome
- application struck out
- Legal Topics
- Extension of Time, Notice of Intention to Appeal, Dismissal Vs Struck Out
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Allyu Dauda @ Hassan
Applicant
Rashid Mzee Athuman
Applicant
Ngesela Keya Joseph @ Ismail
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for extension of time to file notice of intention to appeal is competent after dismissal of prior appeal
Ratio Decidendi
The application is incompetent because the prior appeal was dismissed, not struck out; the proper remedy is to appeal the dismissal, not seek extension of time to file notice of intention to appeal.
Court Disposition
application struck out
Orders
- Application struck out for being incompetent.
Full Case Text
Judgment text and source record
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