20160418 TZCA Mbeya 1
The application was struck out because the applicant referred to a non-existent judgment date, rendering the application incurably defective. Non-citation of Rule 48(1) was not fatal as Rule 10 was the enabling provision and the procedural requirements were substantially complied with.
- Citation
- 20160418 TZCA Mbeya 1
- 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
- Legal Topics
- Extension of Time, Preliminary Objection, Defective Application, Citation of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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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
The application was struck out because the applicant referred to a non-existent judgment date, rendering the application incurably defective. Non-citation of Rule 48(1) was not fatal as Rule 10 was the enabling provision and the procedural requirements were substantially complied with.
Court Disposition
application struck out
Orders
- The notice of motion is struck out as incurably defective.
Full Case Text
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