20111124 TZHC Dar es Salaam

20111124 TZHC Dar es Salaam

The application is incompetent because it was brought under the Law of Limitation Act, which applies only to civil matters, instead of the specific provision for criminal matters under section 361 of the Criminal Procedure Act. Wrong citation of law is not a minor error and cannot be cured by constitutional or general procedural provisions.

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

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Parties

ISSA JUMA @ ISSAYA JUMA

Applicant

REPUBLIC

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Preliminary Objection and Application for Extension of Time

Legal Issues

  1. 1 Whether the application for extension of time to file notice of intention to appeal in a criminal matter can be brought under the Law of Limitation Act, Cap 89
  2. 2 Whether wrong citation of law renders the application incompetent

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 specific provision for criminal matters under section 361 of the Criminal Procedure Act. Wrong citation of law is not a minor error and cannot be cured by constitutional or general procedural provisions.

Court Disposition

Application struck out as incompetent

Orders

  • Misc Criminal Application Number 44 of 2011 is struck out