shaibu juma another vs republic 2017 tzca 311 13 july 2017

shaibu juma another vs republic 2017 tzca 311 13 july 2017

The notice of motion was incurably defective for not disclosing grounds for review, rendering the application incompetent.

Citation
shaibu juma another vs republic 2017 tzca 311 13 july 2017
Parties
Applicant: Shaibu Juma; Applicant: Said Ismail Bughe; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 July 2017
Procedural Posture
Criminal Application / Application for Review
Outcome
application struck out
Legal Topics
Review, Notice of Motion, Grounds for Review, Limitation Period
Source Language
English
Criminal Law Procedural Law Review Notice of Motion Grounds for Review Limitation Period

Case Brief

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Parties

Shaibu Juma

Applicant

Said Ismail Bughe

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Review

Legal Issues

  1. 1 Whether the application for review was filed within the prescribed limitation period
  2. 2 Whether the notice of motion disclosed grounds for review as required by Rule 66(3)

Ratio Decidendi

The notice of motion was incurably defective for not disclosing grounds for review, rendering the application incompetent.

Court Disposition

application struck out

Orders

  • The application for review is struck out