duda dungali vs republic 2015 tzca 506 24 august 2015
The preliminary objection was dismissed because the correct enabling provisions (Rules 10 and 62(1)(a)) were cited, and the superfluous citation of other rules did not affect the court's jurisdiction or prejudice the respondent.
- Citation
- duda dungali vs republic 2015 tzca 506 24 august 2015
- Parties
- Applicant: Duda Dungali; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 24 August 2015
- Procedural Posture
- Criminal Application / Ruling on Preliminary Objection in Application for Extension of Time
- Outcome
- Preliminary objection dismissed
- Legal Topics
- Extension of Time, Jurisdiction, Preliminary Objection, Wrong Citation of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Duda Dungali
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Preliminary Objection in Application for Extension of Time
Legal Issues
- 1 Whether the application is incompetent due to wrong citation of enabling provisions of law
- 2 Whether the court has jurisdiction to hear the application despite superfluous citation of rules
Ratio Decidendi
The preliminary objection was dismissed because the correct enabling provisions (Rules 10 and 62(1)(a)) were cited, and the superfluous citation of other rules did not affect the court's jurisdiction or prejudice the respondent.
Court Disposition
Preliminary objection dismissed
Orders
- Application to be set down for hearing on merit on a date to be fixed by the Registrar
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment