henibo samwel another vs republic 2013 tzca 200 26 june 2013

henibo samwel another vs republic 2013 tzca 200 26 june 2013

The application was incompetent due to multiple incurable procedural defects, including citation of repealed law, non-conformity with prescribed form, lack of grounds for review, being time-barred, and defective affidavits.

Citation
henibo samwel another vs republic 2013 tzca 200 26 june 2013
Parties
Applicant: Henibo Samweli; Applicant: Bahati Mwashanilaj; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 June 2013
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Outcome
application struck out
Legal Topics
Review Applications, Procedural Defects, Court Rules
Source Language
English
Criminal Procedure Review Applications Procedural Defects Court Rules

Case Brief

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Parties

Henibo Samweli

Applicant

Bahati Mwashanilaj

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application was brought under the correct legal provisions
  2. 2 Whether the Notice of Motion conformed to prescribed form and was properly signed
  3. 3 Whether the application set out grounds for review and was filed within time

Ratio Decidendi

The application was incompetent due to multiple incurable procedural defects, including citation of repealed law, non-conformity with prescribed form, lack of grounds for review, being time-barred, and defective affidavits.

Court Disposition

application struck out

Orders

  • The application is struck out.