emmanuel so luoga vs republic 2008 tzhc 195 15 october 2008

emmanuel so luoga vs republic 2008 tzhc 195 15 october 2008

The court is functus officio as the same application was already decided, and the affidavit is fatally defective due to improper certification.

Citation
emmanuel so luoga vs republic 2008 tzhc 195 15 october 2008
Parties
Applicant: Emmanuel S/O Luoga; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 October 2008
Procedural Posture
Misc. Criminal Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal
Outcome
Application struck out
Legal Topics
Extension of Time, Functus Officio, Defective Affidavit
Source Language
English
Criminal Procedure Extension of Time Functus Officio Defective Affidavit

Case Brief

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Parties

Emmanuel S/O Luoga

Applicant

The Republic

Respondent

Procedural Posture

Misc. Criminal Application / Ruling on Application for Extension of Time to Lodge Notice of Appeal

Legal Issues

  1. 1 Whether the court can entertain an application already decided (functus officio)
  2. 2 Whether an affidavit certified by a prison officer instead of the applicant is valid

Ratio Decidendi

The court is functus officio as the same application was already decided, and the affidavit is fatally defective due to improper certification.

Court Disposition

Application struck out

Orders

  • Application is struck out