20151001 TZCA Tabora
The application was filed after the new Court of Appeal Rules, 2009 came into force, but cited the old, revoked rules. Failure to cite the correct enabling provision rendered the application incompetent.
- Citation
- 20151001 TZCA Tabora
- Parties
- Applicant: Juma s/o Kahulule; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 October 2015
- Procedural Posture
- Criminal Application / Ruling on Preliminary Objection
- Outcome
- application struck out as incompetent
- Legal Topics
- Application for Review, Citation of Enabling Provisions, Preliminary Objection, Court Rules
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2
Parties
Juma s/o Kahulule
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is competent for citing revoked/non-existing law instead of the applicable Court of Appeal Rules, 2009
Ratio Decidendi
The application was filed after the new Court of Appeal Rules, 2009 came into force, but cited the old, revoked rules. Failure to cite the correct enabling provision rendered the application incompetent.
Court Disposition
application struck out as incompetent
Orders
- application struck out
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment