20151005 TZCA Mtwara

Failure to cite the specific enabling provision in the notice of motion is a fatal omission that renders the application incompetent and liable to be struck out.

Citation: 20151005 TZCA Mtwara
Parties: Applicant: Saidi Ally Ismail; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 October 2015
Procedural Posture: Criminal Application for Review / Ruling on Preliminary Objection Regarding Competence of Application
Outcome: Application struck out as incompetent
Legal Topics: Review of Appellate Judgment, Non Compliance With Procedural Rules, Jurisdictional Requirements
Source Language: English

Criminal Law Appellate Procedure Review of Appellate Judgment Non Compliance With Procedural Rules Jurisdictional Requirements

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Saidi Ally Ismail

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Review / Ruling on Preliminary Objection Regarding Competence of Application

Legal Issues

1 Whether failure to cite the enabling provision in the notice of motion renders the application incompetent
2 Whether the application meets the requirements for review under Rule 66(1) of the Court Rules

Ratio Decidendi

Failure to cite the specific enabling provision in the notice of motion is a fatal omission that renders the application incompetent and liable to be struck out.

Court Disposition

Application struck out as incompetent

Orders

Notice of motion struck out for non-compliance with Rule 48(1) of the Court Rules