juma swalehe vs republic 2012 tzca 55 19 september 2012

juma swalehe vs republic 2012 tzca 55 19 september 2012

A single Justice has no jurisdiction to entertain a second application for extension of time after a prior dismissal by a single Justice; the proper procedure is to file a reference before three Justices as per Rule 62(1) of the Court of Appeal Rules, 2009.

Citation
juma swalehe vs republic 2012 tzca 55 19 september 2012
Parties
Applicant: Juma Swalehe; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 September 2012
Procedural Posture
Criminal Application / Application for Extension of Time to Lodge Review
Outcome
Application struck out for want of jurisdiction.
Legal Topics
Extension of Time, Review of Appellate Decisions, Jurisdiction of Single Justice Vs. Full Bench
Source Language
English
Criminal Law Appellate Procedure Extension of Time Review of Appellate Decisions Jurisdiction of Single Justice Vs. Full Bench

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Parties

Juma Swalehe

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Extension of Time to Lodge 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 Proper procedure for challenging a single Justice's decision under Rule 62(1) of the Court of Appeal Rules, 2009

Ratio Decidendi

A single Justice has no jurisdiction to entertain a second application for extension of time after a prior dismissal by a single Justice; the proper procedure is to file a reference before three Justices as per Rule 62(1) of the Court of Appeal Rules, 2009.

Court Disposition

Application struck out for want of jurisdiction.

Orders

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