20110930 TZCA Arusha

20110930 TZCA Arusha

A single judge lacks jurisdiction to entertain an application for extension of time to file review against a decision of a single judge; such application must be determined by the Full Court as per Rule 62(1)(a) of the Court of Appeal Rules, 2009 and Article 123(a) of the Constitution.

Citation
20110930 TZCA Arusha
Parties
Applicant: Amir Athuman; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 September 2011
Procedural Posture
Criminal Application / Application for Extension of Time to File Review
Outcome
application struck out for want of jurisdiction
Legal Topics
Extension of Time, Review, Jurisdiction of Single Judge, Procedure for Challenging Single Judge Decisions
Source Language
English
Criminal Procedure Extension of Time Review Jurisdiction of Single Judge Procedure for Challenging Single Judge Decisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Amir Athuman

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Extension of Time to File Review

Legal Issues

  1. 1 Whether a single judge has jurisdiction to hear an application for extension of time to file review after a previous application was struck out
  2. 2 Proper procedure for challenging a decision of a single judge in the Court of Appeal

Ratio Decidendi

A single judge lacks jurisdiction to entertain an application for extension of time to file review against a decision of a single judge; such application must be determined by the Full Court as per Rule 62(1)(a) of the Court of Appeal Rules, 2009 and Article 123(a) of the Constitution.

Court Disposition

application struck out for want of jurisdiction

Orders

  • Application to be heard and determined by the Full Court as required by law.