frank anastas lui vs minister for constitutional legal affairs another 2019 tzhc 150 7 october 2019

The supporting affidavit is incurably defective as it contains extraneous matters, and severance of defective paragraphs would cripple the application; therefore, the application is incompetent and must be struck out.

Source-derived case information.

Citation: frank anastas lui vs minister for constitutional legal affairs another 2019 tzhc 150 7 october 2019
Parties: Applicant: Frank Anastas Lui; 1st Respondent: The Minister for Constitutional and Legal Affairs; 2nd Respondent: The Director for Public Prosecution
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 7 October 2019
Procedural Posture: Criminal Revision / Ruling on Preliminary Objections
Outcome: Application struck out as incompetent
Legal Topics: Revision Jurisdiction, Affidavit Defects, Extradition Proceedings, Preliminary Objections
Source Language: english

Criminal Law Extradition Law Civil Procedure Revision Jurisdiction Affidavit Defects Extradition Proceedings Preliminary Objections

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2

Parties

Frank Anastas Lui

Applicant

The Minister for Constitutional and Legal Affairs

1st Respondent

The Director for Public Prosecution

2nd Respondent

Procedural Posture

Criminal Revision / Ruling on Preliminary Objections

Legal Issues

1 Whether revision is available in extradition proceedings
2 Whether the application is overtaken by events
3 Whether the supporting affidavit is incurably defective

Ratio Decidendi

Court Disposition

Application struck out as incompetent

Orders

Application for revision is struck out

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