20130626 TZCA Mbeya

20130626 TZCA Mbeya

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

Citation
20130626 TZCA Mbeya
Parties
Applicant: Henibo Samweli; Applicant: Bahati Mwashani; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 June 2013
Procedural Posture
Criminal Application / Ruling on Preliminary Objection in Review Application
Outcome
application struck out as incompetent
Legal Topics
Review of Appellate Decision, Procedural Defects, Time Limitation, Affidavit Requirements
Source Language
English
Criminal Law Civil Procedure Review of Appellate Decision Procedural Defects Time Limitation Affidavit Requirements

Case Brief

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Parties

Henibo Samweli

Applicant

Bahati Mwashani

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objection in Review Application

Legal Issues

  1. 1 Whether the application for review was properly before the court in light of procedural defects
  2. 2 Whether the application was time-barred
  3. 3 Whether the affidavits were valid without indication of place sworn

Ratio Decidendi

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

Court Disposition

application struck out as incompetent

Orders

  • The application is struck out.