mustafa songambele vs republic 2014 tzca 287 18 august 2014

The application was incompetent due to wrong citation of the enabling provision of law, as Rule 47 does not empower the court to grant extension of time for review; the proper provision was Rule 10.

Citation: mustafa songambele vs republic 2014 tzca 287 18 august 2014
Parties: Applicant: Mustafa Songambele; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 18 August 2014
Procedural Posture: Criminal Application / Ruling on Application for Extension of Time
Outcome: Application struck out as incompetent.
Legal Topics: Extension of Time, Wrong Citation of Law, Review Applications
Source Language: English

Criminal Law Civil Procedure Extension of Time Wrong Citation of Law Review Applications

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Parties

Mustafa Songambele

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the application for extension of time was properly before the court given the citation of Rule 47 instead of Rule 10 of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The application was incompetent due to wrong citation of the enabling provision of law, as Rule 47 does not empower the court to grant extension of time for review; the proper provision was Rule 10.

Court Disposition

Application struck out as incompetent.

Orders

Application struck out.