benedict kilembe vs republic 2016 tzca 285 18 april 2016

Reference to a non-existent judgment date in the notice of motion is a fatal defect rendering the application incompetent and subject to being struck out.

Citation: benedict kilembe vs republic 2016 tzca 285 18 april 2016
Parties: Applicant: Benedict Kilembe; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 18 April 2016
Procedural Posture: Criminal Application / Ruling on Preliminary Objection to Application for Extension of Time
Outcome: Application struck out as incompetent
Legal Topics: Extension of Time, Preliminary Objection, Defective Application, Citation of Law
Source Language: English

Criminal Law Appellate Procedure Extension of Time Preliminary Objection Defective Application Citation of Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2

Parties

Benedict Kilembe

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objection to Application for Extension of Time

Legal Issues

1 Whether failure to cite Rule 48(1) of the Court of Appeal Rules renders the application defective
2 Whether reference to a non-existent judgment date renders the application incompetent

Ratio Decidendi

Reference to a non-existent judgment date in the notice of motion is a fatal defect rendering the application incompetent and subject to being struck out.

Court Disposition

Application struck out as incompetent

Orders

The notice of motion is struck out for being incurably defective.