20140919 TZCA Mwanza

20140919 TZCA Mwanza

The application was dismissed because the supporting affidavit by the Prison Officer failed to provide specific reasons for the delay, and the applicant's own affidavit was expunged for being incurably defective, thus no good cause was shown for extension of time.

Citation
20140919 TZCA Mwanza
Parties
Applicant: Bandoma Fadhil @ Makoro; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 September 2014
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to File Review
Outcome
Application dismissed
Legal Topics
Extension of Time, Affidavit Defects, Review Applications
Source Language
English
Criminal Law Civil Procedure Extension of Time Affidavit Defects Review Applications

Case Brief

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Parties

Bandoma Fadhil @ Makoro

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Extension of Time to File Review

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file an application for review
  2. 2 Whether a defective affidavit can support a notice of motion
  3. 3 Whether an affidavit by a third party can substitute the applicant's affidavit

Ratio Decidendi

The application was dismissed because the supporting affidavit by the Prison Officer failed to provide specific reasons for the delay, and the applicant's own affidavit was expunged for being incurably defective, thus no good cause was shown for extension of time.

Court Disposition

Application dismissed

Orders

  • Application for extension of time is dismissed.