20100216 TZCA Arusha2

20100216 TZCA Arusha2

Section 361 of the Criminal Procedure Act is inapplicable to applications before the Court of Appeal; wrong citation of law renders the application incompetent and is not a mere technicality under Article 107A(2)(e) of the Constitution.

Citation
20100216 TZCA Arusha2
Parties
Applicant: Amiri Athumani; Respondent: The DPP
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 February 2010
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Outcome
Application struck out
Legal Topics
Application Out of Time, Wrong Citation of Law, Procedural Rules, Preliminary Objection
Source Language
English
Criminal Procedure Application Out of Time Wrong Citation of Law Procedural Rules Preliminary Objection

Case Brief

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Parties

Amiri Athumani

Applicant

The DPP

Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an application to the Court of Appeal can be made under section 361 of the Criminal Procedure Act
  2. 2 Whether wrong citation of law renders an application incompetent
  3. 3 Whether Article 107A(2)(e) of the Constitution overrides procedural rules

Ratio Decidendi

Section 361 of the Criminal Procedure Act is inapplicable to applications before the Court of Appeal; wrong citation of law renders the application incompetent and is not a mere technicality under Article 107A(2)(e) of the Constitution.

Court Disposition

Application struck out

Orders

  • Preliminary objection upheld
  • Application struck out