issa feisal vs republic 2019 tzhc 206 19 december 2019

issa feisal vs republic 2019 tzhc 206 19 december 2019

The High Court is functus officio and lacks jurisdiction to entertain a second application for extension of time to file notice of appeal on the same subject matter and between the same parties after a prior refusal.

Citation
issa feisal vs republic 2019 tzhc 206 19 december 2019
Parties
Applicant: Issa Feisal; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 December 2019
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to File Notice of Appeal Out of Time
Outcome
Application struck out for being incompetent before the court.
Legal Topics
Extension of Time, Notice of Appeal, Functus Officio
Source Language
English
Criminal Law Procedure Extension of Time Notice of Appeal Functus Officio

Case Brief

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Parties

Issa Feisal

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Leave to File Notice of Appeal Out of Time

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain a second application for extension of time to file notice of appeal after a prior refusal
  2. 2 Whether the application is competent before the court

Ratio Decidendi

The High Court is functus officio and lacks jurisdiction to entertain a second application for extension of time to file notice of appeal on the same subject matter and between the same parties after a prior refusal.

Court Disposition

Application struck out for being incompetent before the court.

Orders

  • Application struck out
  • No further orders