salum mbegu kimburu vs republic 2019 tzhc 204 20 december 2019

salum mbegu kimburu vs republic 2019 tzhc 204 20 december 2019

The application was incompetent due to being made under the wrong legal provision and accompanied by a defective affidavit lacking the place in the jurat, both defects rendering the application unsustainable before the court.

Citation
salum mbegu kimburu vs republic 2019 tzhc 204 20 december 2019
Parties
Applicant: Salum Mbegu Kimburu; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 December 2019
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application struck out as incompetent.
Legal Topics
Extension of Time, Affidavit Defects, Jurisdiction, Appeal Procedure
Source Language
English
Criminal Law Procedural Law Extension of Time Affidavit Defects Jurisdiction Appeal Procedure

Case Brief

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Parties

Salum Mbegu Kimburu

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the court was properly moved under the correct legal provision
  2. 2 Whether the supporting affidavit was defective for lack of place in jurat

Ratio Decidendi

The application was incompetent due to being made under the wrong legal provision and accompanied by a defective affidavit lacking the place in the jurat, both defects rendering the application unsustainable before the court.

Court Disposition

Application struck out as incompetent.

Orders

  • Application struck out for being made under wrong provision and accompanied by defective affidavit.