20150817 TZHC Iringa

The application was struck out as incompetent because it was based on the wrong legal provision (Rule 47 instead of Rule 10), which does not empower the Court to grant extension of time.

Citation: 20150817 TZHC Iringa
Parties: Applicant: Mustafa Songambele; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 17 August 2015
Procedural Posture: Criminal Application / Ruling on Application for Extension of Time to File Review
Outcome: Application struck out as incompetent for wrong citation of law.
Legal Topics: Extension of Time, Wrong Citation of Law, Review Applications
Source Language: English

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

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2

Parties

Mustafa Songambele

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Extension of Time to File Review

Legal Issues

1 Whether the application for extension of time was properly before the Court due to correct citation of enabling provision
2 Whether wrong citation of law renders an application incompetent

Ratio Decidendi

The application was struck out as incompetent because it was based on the wrong legal provision (Rule 47 instead of Rule 10), which does not empower the Court to grant extension of time.

Court Disposition

Application struck out as incompetent for wrong citation of law.

Orders

Application struck out.