20150821 TZCA Mbeya 1
Citing irrelevant or superfluous rules does not render the application incompetent if the relevant enabling provisions are properly cited and no prejudice is caused to the respondent.
- Citation
- 20150821 TZCA Mbeya 1
- Parties
- Applicant: Duda Youngali; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 21 August 2015
- Procedural Posture
- Criminal Application / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed
- Legal Topics
- Extension of Time, Jurisdiction, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Parties
Duda Youngali
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is incompetent due to wrong citation of enabling provisions
- 2 Whether the Court has jurisdiction to hear the application
Ratio Decidendi
Citing irrelevant or superfluous rules does not render the application incompetent if the relevant enabling provisions are properly cited and no prejudice is caused to 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
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