20100218 TZCA Arusha

20100218 TZCA Arusha

The application was struck out because it was brought under an inapplicable provision of law, rendering it incompetent.

Citation
20100218 TZCA Arusha
Parties
Applicant: Fadhili Yahaya; Respondent: The DPP
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 February 2010
Procedural Posture
Criminal Application / Application for Extension of Time to File Revision
Outcome
application struck out
Legal Topics
Extension of Time, Preliminary Objection, Wrong Citation of Law, Incompetent Application
Source Language
English
Criminal Procedure Extension of Time Preliminary Objection Wrong Citation of Law Incompetent Application

Case Brief

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Parties

Fadhili Yahaya

Applicant

The DPP

Respondent

Procedural Posture

Criminal Application / Application for Extension of Time to File Revision

Legal Issues

  1. 1 Whether the application was properly before the court due to citation of an inapplicable legal provision
  2. 2 Whether the supporting affidavit was valid

Ratio Decidendi

The application was struck out because it was brought under an inapplicable provision of law, rendering it incompetent.

Court Disposition

application struck out

Orders

  • The application is struck out.
  • No order as to costs.