20100218 TZCA Arusha 2

20100218 TZCA Arusha 2

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 cured by Article 107A(2)(e) of the Constitution.

Citation
20100218 TZCA Arusha 2
Parties
Applicant: Amiri Athumani; Respondent: The DPP
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 February 2010
Procedural Posture
Criminal Application / Application for Leave to File Review Out of Time; Preliminary Objection on Competence
Outcome
Application struck out as incompetent
Legal Topics
Application Procedure, Wrong Citation of Law, Preliminary Objection, Substantive Justice Vs Technicalities
Source Language
English
Criminal Law Appellate Procedure Application Procedure Wrong Citation of Law Preliminary Objection Substantive Justice Vs Technicalities

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Parties

Amiri Athumani

Applicant

The DPP

Respondent

Procedural Posture

Criminal Application / Application for Leave to File Review Out of Time; Preliminary Objection on Competence

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 cures procedural defects

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 cured by Article 107A(2)(e) of the Constitution.

Court Disposition

Application struck out as incompetent

Orders

  • Preliminary objection upheld
  • Application struck out