20160211 TZCA Bukoba
Failure to cite specific provisions of the law in the notice of motion is a fatal defect that renders the application incompetent and deprives the Court of jurisdiction.
- Citation
- 20160211 TZCA Bukoba
- Parties
- Applicant: Robert John Maitland; Respondent: The Republic; Respondent: 2nd to 10th Respondents
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 11 February 2016
- Procedural Posture
- Criminal Revision / Ruling on Preliminary Objection
- Outcome
- application struck out
- Legal Topics
- Jurisdiction, Preliminary Objection, Citation of Legal Provisions, Affidavit Defects
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2
Parties
Robert John Maitland
Applicant
The Republic
Respondent
2nd to 10th Respondents
Respondent
Procedural Posture
Criminal Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether failure to cite specific legal provisions renders the application incompetent
- 2 Whether omission to state grounds in the notice of motion is fatal
- 3 Whether an affidavit containing legal arguments is defective
Ratio Decidendi
Failure to cite specific provisions of the law in the notice of motion is a fatal defect that renders the application incompetent and deprives the Court of jurisdiction.
Court Disposition
application struck out
Orders
- preliminary objection upheld
- application struck out for incompetence
Full Case Text
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