joseph mukwano another vs republic 2014 tzhc 2234 28 february 2014
The applications were filed outside the 60-day limitation period prescribed by Rule 66(3) of the Court of Appeal Rules, 2009, rendering them incompetent and liable to be struck out.
- Citation
- joseph mukwano another vs republic 2014 tzhc 2234 28 february 2014
- Parties
- Applicant: Joseph Mukwano; Applicant: Deogratias Nicholaus @ Jesh; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2014
- Procedural Posture
- Criminal Application / Ruling on Preliminary Objection
- Outcome
- applications struck out as incompetent
- Legal Topics
- Review, Limitation Period, Incompetent Application
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Joseph Mukwano
Applicant
Deogratias Nicholaus @ Jesh
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the applications for review were filed within the prescribed time limit under Rule 66(3) of the Court of Appeal Rules, 2009
- 2 Whether the applications are competent
Ratio Decidendi
The applications were filed outside the 60-day limitation period prescribed by Rule 66(3) of the Court of Appeal Rules, 2009, rendering them incompetent and liable to be struck out.
Court Disposition
applications struck out as incompetent
Orders
- Applications struck out as incompetent.
- Applicants may seek extension of time to file review.
Full Case Text
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