20130731 TZCA Mwanza

20130731 TZCA Mwanza

The application for revision was invalid as it sought to challenge an interlocutory order not finally determining the criminal charge, which is statutorily prohibited; additionally, the Notice of Motion and supporting affidavit were incurably defective.

Citation
20130731 TZCA Mwanza
Parties
Applicant: Director of Public Prosecutions; Respondent: Samwel Mnyore Mamba; Respondent: Ghati Msembe Mnanka
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 July 2013
Procedural Posture
Criminal Revision Application / Ruling on Preliminary Objection
Outcome
application struck out
Legal Topics
Revision, Interlocutory Orders, Withdrawal of Criminal Charges, Nolle Prosequi
Source Language
English
Criminal Law Procedural Law Revision Interlocutory Orders Withdrawal of Criminal Charges Nolle Prosequi

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Parties

Director of Public Prosecutions

Applicant

Samwel Mnyore Mamba

Respondent

Ghati Msembe Mnanka

Respondent

Procedural Posture

Criminal Revision Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Court of Appeal can revise an interlocutory order refusing withdrawal of a criminal case
  2. 2 Whether the Notice of Motion and supporting affidavit were defective

Ratio Decidendi

The application for revision was invalid as it sought to challenge an interlocutory order not finally determining the criminal charge, which is statutorily prohibited; additionally, the Notice of Motion and supporting affidavit were incurably defective.

Court Disposition

application struck out

Orders

  • Application for revision is struck out.