amir athuman vs republic 2011 tzca 192 28 september 2011

A single judge lacks jurisdiction to hear and determine an application for extension of time to file review against a decision of a single judge; the application must be heard 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: amir athuman vs republic 2011 tzca 192 28 september 2011
Parties: Applicant: Amir Athuman; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 28 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, Jurisdiction of Single Judge, Review and Revision Procedures
Source Language: English

Criminal Law Appellate Procedure Extension of Time Jurisdiction of Single Judge Review and Revision Procedures

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2

Parties

Amir Athuman

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Extension of Time to File Review

Legal Issues

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 Proper procedure for challenging a decision of a single judge in the Court of Appeal

Ratio Decidendi

Court Disposition

Application struck out for want of jurisdiction

Orders

Application to be heard and determined by the Full Court in accordance with Rule 62(1)(a) of the Court of Appeal Rules, 2009 and Article 123(a) of the Constitution