armand guehi vs republic 2018 tzca 404 11 july 2018

armand guehi vs republic 2018 tzca 404 11 july 2018

The application was not filed within the prescribed limitation period, and the previous Ruling did not exempt the applicant from compliance with the law on limitation.

Citation
armand guehi vs republic 2018 tzca 404 11 july 2018
Parties
Applicant: Armand Guehi; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 July 2018
Procedural Posture
Criminal Application for Review / Preliminary Objection Ruling
Outcome
application struck out
Legal Topics
Review Applications, Limitation Period, Preliminary Objection
Source Language
English
Criminal Law Appellate Procedure Review Applications Limitation Period Preliminary Objection

Case Brief

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Parties

Armand Guehi

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Review / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the application for review was filed within the prescribed limitation period under Rule 66(3) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the previous court ruling exempted the applicant from the limitation period

Ratio Decidendi

The application was not filed within the prescribed limitation period, and the previous Ruling did not exempt the applicant from compliance with the law on limitation.

Court Disposition

application struck out

Orders

  • The preliminary objection is sustained.
  • The application is struck out as incompetent.