20120919 TZCA Arusha2

20120919 TZCA Arusha2

A single Justice lacks jurisdiction to entertain a second application for extension of time after dismissal by a single Justice; the proper procedure is to file a reference to a panel of three Justices as per Rule 62(1).

Citation
20120919 TZCA Arusha2
Parties
Applicant: Juma Swaleh E.; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 September 2012
Procedural Posture
Criminal Application / Application for Extension of Time to File Review
Outcome
application struck out for want of jurisdiction
Legal Topics
Extension of Time, Review, Jurisdiction, Procedure for Reference to Panel
Source Language
English
Criminal Procedure Extension of Time Review Jurisdiction Procedure for Reference to Panel

Case Brief

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Parties

Juma Swaleh E.

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Extension of Time to File Review

Legal Issues

  1. 1 Whether a single Justice has jurisdiction to entertain a second application for extension of time after dismissal by a single Justice
  2. 2 Whether the applicant should have filed a reference to a panel of three Justices under Rule 62(1)

Ratio Decidendi

A single Justice lacks jurisdiction to entertain a second application for extension of time after dismissal by a single Justice; the proper procedure is to file a reference to a panel of three Justices as per Rule 62(1).

Court Disposition

application struck out for want of jurisdiction

Orders

  • Application struck out; applicant may file a reference as per Rule 62(1) of the Court of Appeal Rules, 2009.