20170228 TZCA Mwanza

Failure to cite the specific sub-rule of Rule 66 in the notice of motion amounts to non-citation, rendering the application incurably defective and incompetent.

Citation: 20170228 TZCA Mwanza
Parties: Applicant: Dismas Bunyerere; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 28 February 2017
Procedural Posture: Criminal Application / Application for Review; Preliminary Objection
Outcome: application struck out as incompetent
Legal Topics: Review of Judgment, Preliminary Objection, Citation of Enabling Provision, Procedural Defects
Source Language: English

Criminal Law Civil Procedure Review of Judgment Preliminary Objection Citation of Enabling Provision Procedural Defects

Case Brief

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Parties

Dismas Bunyerere

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Review; Preliminary Objection

Legal Issues

1 Whether failure to cite the specific sub-rule of Rule 66 of the Tanzania Court of Appeal Rules, 2009 renders the application incompetent
2 Whether non-compliance with Rule 48(1) of the Rules is fatal to the application

Ratio Decidendi

Failure to cite the specific sub-rule of Rule 66 in the notice of motion amounts to non-citation, rendering the application incurably defective and incompetent.

Court Disposition

application struck out as incompetent

Orders

The application is struck out for being incompetent.