20170920 TZCA Mbeya

20170920 TZCA Mbeya

The application was filed more than seven years after the judgment sought to be reviewed, far outside the sixty-day limit prescribed by Rule 66(3), rendering it incompetent and liable to be struck out.

Citation
20170920 TZCA Mbeya
Parties
Applicant: Duda Dun Gali; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 September 2017
Procedural Posture
Criminal Application for Review / Ruling on Preliminary Objection (timeliness of Application)
Outcome
Application struck out as incompetent for being time-barred.
Legal Topics
Review of Appellate Judgment, Limitation Period for Review Applications, Procedural Compliance
Source Language
English
Criminal Law Appellate Procedure Review of Appellate Judgment Limitation Period for Review Applications Procedural Compliance

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Parties

Duda Dun Gali

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Review / Ruling on Preliminary Objection (timeliness of Application)

Legal Issues

  1. 1 Whether the application for review was filed within the prescribed time limit under Rule 66(3) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the application should be struck out for being time-barred

Ratio Decidendi

The application was filed more than seven years after the judgment sought to be reviewed, far outside the sixty-day limit prescribed by Rule 66(3), rendering it incompetent and liable to be struck out.

Court Disposition

Application struck out as incompetent for being time-barred.

Orders

  • Application struck out.
  • Applicant may seek extension of time if he wishes to pursue review.