issa juma issaya juma vs republic 2011 tzhc 2041 24 november 2011

issa juma issaya juma vs republic 2011 tzhc 2041 24 november 2011

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 periods in criminal cases. Wrong citation of law is not a minor error and cannot be cured by constitutional or general provisions when a specific statutory provision exists.

Citation
issa juma issaya juma vs republic 2011 tzhc 2041 24 november 2011
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
Outcome
application struck out
Legal Topics
Extension of Time, Wrong Citation of Law, Jurisdiction, Limitation Period
Source Language
English
Criminal Procedure Extension of Time Wrong Citation of Law Jurisdiction Limitation Period

Case Brief

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Parties

ISSA JUMA @ ISSAYA JUMA

Applicant

REPUBLIC

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Preliminary Objection

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 Criminal Procedure Act, which specifically governs limitation periods in criminal cases. Wrong citation of law is not a minor error and cannot be cured by constitutional or general provisions when a specific statutory provision exists.

Court Disposition

application struck out

Orders

  • Misc Criminal Application Number 44 of 2011 is struck out