henibo samweli another vs republic 2013 tzca 308 26 june 2013
The application was incompetent due to multiple incurable procedural defects, including citation of a repealed law, non-conformity with prescribed forms, lack of signature, failure to state grounds for review, being filed out of time, and defective affidavits lacking place of attestation.
- Citation
- henibo samweli another vs republic 2013 tzca 308 26 june 2013
- Parties
- Applicant: Henibo Samweli; Applicant: Bahati Mwashanila; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 June 2013
- Procedural Posture
- Criminal Application / Ruling on Preliminary Objection to Application for Review
- Outcome
- Application struck out as incompetent.
- Legal Topics
- Review of Appellate Decisions, Procedural Defects, Time Limitation, Affidavit Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Henibo Samweli
Applicant
Bahati Mwashanila
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Preliminary Objection to Application for Review
Legal Issues
- 1 Whether the application for review was properly before the court in light of procedural defects
- 2 Whether the application was time-barred
- 3 Whether the affidavits were valid
Ratio Decidendi
The application was incompetent due to multiple incurable procedural defects, including citation of a repealed law, non-conformity with prescribed forms, lack of signature, failure to state grounds for review, being filed out of time, and defective affidavits lacking place of attestation.
Court Disposition
Application struck out as incompetent.
Orders
- Application struck out.
Full Case Text
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