20070223 TZCA Mwanza2

20070223 TZCA Mwanza2

The application was incurably defective and incompetent due to lack of signature, failure to cite the enabling provision, and omission of grounds in the notice of motion.

Citation
20070223 TZCA Mwanza2
Parties
Applicant: Maneno s/o Abdallah; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 February 2007
Procedural Posture
Criminal Application / Ruling on Preliminary Objection Regarding Extension of Time to Appeal
Outcome
Application struck out as incompetent
Legal Topics
Extension of Time, Notice of Motion Requirements, Jurisdictional Defects
Source Language
English

Case Brief

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Parties

Maneno s/o Abdallah

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objection Regarding Extension of Time to Appeal

  1. 1 Whether the application for extension of time was competent in law
  2. 2 Whether failure to sign the notice of motion, cite enabling provisions, and state grounds is fatal

Ratio Decidendi

The application was incurably defective and incompetent due to lack of signature, failure to cite the enabling provision, and omission of grounds in the notice of motion.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • Applicant at liberty to file a fresh application