robert john maitland vs republic others 2016 tzca 673 12 february 2016

Failure to cite the specific enabling provision of law in the notice of motion is a fatal defect that renders the application incompetent and incapable of granting the relief sought.

Citation: robert john maitland vs republic others 2016 tzca 673 12 february 2016
Parties: Applicant: Robert John Maitland; 1st Respondent: The Republic; Respondents: 2nd to 10th respondents
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 12 February 2016
Procedural Posture: Criminal Revision / Preliminary Objection Ruling
Outcome: application struck out as incompetent
Legal Topics: Jurisdiction, Competence of Application, Citation of Enabling Provisions, Affidavit Defects
Source Language: English

Criminal Procedure Jurisdiction Competence of Application Citation of Enabling Provisions Affidavit Defects

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Parties

Robert John Maitland

Applicant

The Republic

1st Respondent

2nd to 10th respondents

Respondents

Procedural Posture

Criminal Revision / Preliminary Objection Ruling

Legal Issues

1 Whether failure to cite specific enabling provisions renders the application incompetent
2 Whether failure to state grounds in the notice of motion is fatal
3 Whether a defective affidavit invalidates the application

Ratio Decidendi

Failure to cite the specific enabling provision of law in the notice of motion is a fatal defect that renders the application incompetent and incapable of granting the relief sought.

Court Disposition

application struck out as incompetent

Orders

preliminary objection upheld
application struck out