majuto kikula vs republic 2012 tzca 207 14 march 2012
The application is incompetent for citing wrong provisions, invoking revision as an alternative to appeal, and failing to support the application with proper grounds in the affidavit; it must be struck out.
- Citation
- majuto kikula vs republic 2012 tzca 207 14 march 2012
- Parties
- Applicant: Majuto Kikula; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 14 March 2012
- Procedural Posture
- Criminal Application / Preliminary Objection on Competence of Application
- Outcome
- Application struck out as incompetent.
- Legal Topics
- Revision Vs Appeal, Jurisdiction, Procedural Defects
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Majuto Kikula
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Preliminary Objection on Competence of Application
Legal Issues
- 1 Whether the application is competent for invoking revision instead of appeal
- 2 Whether the application is properly before the court for citing correct provisions
- 3 Whether the affidavit supports the grounds for revision
Ratio Decidendi
The application is incompetent for citing wrong provisions, invoking revision as an alternative to appeal, and failing to support the application with proper grounds in the affidavit; it must be struck out.
Court Disposition
Application struck out as incompetent.
Orders
- The application is hereby struck out.
Full Case Text
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