marcel so josephat vs republic 2020 tzhc 4003 25 november 2020
The application is struck out because the affidavit does not support the chamber summons, making the application incurably defective and incompetent.
- Citation
- marcel so josephat vs republic 2020 tzhc 4003 25 november 2020
- Parties
- Applicant: Marcel s/o Josephat; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 November 2020
- Procedural Posture
- Misc. Criminal Application / Ruling on Application for Extension of Time
- Outcome
- Application struck out
- Legal Topics
- Extension of Time, Defective Affidavit, Procedural Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Marcel s/o Josephat
Applicant
Republic
Respondent
Procedural Posture
Misc. Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the application for extension of time is competent where the affidavit does not support the chamber summons
Ratio Decidendi
The application is struck out because the affidavit does not support the chamber summons, making the application incurably defective and incompetent.
Court Disposition
Application struck out
Orders
- Application is struck out for being incompetently filed.
- Applicant to be supplied with the order as soon as practicable.
Full Case Text
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