bonus nchimbi vs the republic 2023 tzhc 18123 20 june 2023
The application is untenable and misconceived because the court is functus officio after dismissing the prior appeal; the proper forum for further challenge is the Court of Appeal.
- Citation
- bonus nchimbi vs the republic 2023 tzhc 18123 20 june 2023
- Parties
- Applicant: Bonus Nchimbi; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 June 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Extension of Time
- Outcome
- Application struck out as incompetent
- Legal Topics
- Extension of Time, Functus Officio, Appeals
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Bonus Nchimbi
Applicant
The Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the application for extension of time to appeal is tenable after prior dismissal of appeal by the same court
Ratio Decidendi
The application is untenable and misconceived because the court is functus officio after dismissing the prior appeal; the proper forum for further challenge is the Court of Appeal.
Court Disposition
Application struck out as incompetent
Orders
- Application struck out
- Right of appeal explained to applicant
Full Case Text
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