20111124 TZHC Dar es Salaam1

20111124 TZHC Dar es Salaam1

The application is incompetent because it was brought under the Law of Limitation Act, which applies only to civil matters, instead of the Criminal Procedure Act, which specifically governs limitation and extension of time in criminal matters. Wrong citation of law is not a minor or curable defect in this context.

Citation
20111124 TZHC Dar es Salaam1
Parties
Applicant: ISSA JUMA @ ISSAVA JUMA; Respondent: REPUBLIC
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 November 2011
Procedural Posture
Miscellaneous Criminal Application / Ruling on Preliminary Objection Regarding Competence of Application
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Wrong Citation of Law, Limitation Periods, Jurisdiction
Source Language
English
Criminal Law Civil Procedure Extension of Time Wrong Citation of Law Limitation Periods Jurisdiction

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Parties

ISSA JUMA @ ISSAVA JUMA

Applicant

REPUBLIC

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Preliminary Objection Regarding Competence of Application

Legal Issues

  1. 1 Whether the application for extension of time to file notice of intention to appeal in a criminal matter is competent when brought under the Law of Limitation Act instead of the Criminal Procedure Act
  2. 2 Whether wrong citation of law is a curable defect in criminal applications

Ratio Decidendi

The application is incompetent because it was brought under the Law of Limitation Act, which applies only to civil matters, instead of the Criminal Procedure Act, which specifically governs limitation and extension of time in criminal matters. Wrong citation of law is not a minor or curable defect in this context.

Court Disposition

Application struck out as incompetent

Orders

  • The application is struck out for being brought under a wrong provision of law.