tryiphone kabitina vs republic 2015 tzca 302 12 february 2015

The application was struck out because the supporting affidavit was not attested, making the application incurably defective and incompetent under Rule 48(1) of the Court of Appeal Rules, 2009.

Citation: tryiphone kabitina vs republic 2015 tzca 302 12 february 2015
Parties: Applicant: Tryiphone Kabitina; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 12 February 2015
Procedural Posture: Criminal Application / Application for Extension of Time to Lodge Review
Outcome: application struck out
Legal Topics: Extension of Time, Affidavit Requirements, Procedural Defects
Source Language: English

Criminal Procedure Extension of Time Affidavit Requirements Procedural Defects

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Parties

Tryiphone Kabitina

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Extension of Time to Lodge Review

Legal Issues

1 Whether the application for extension of time is competent without a properly attested affidavit

Ratio Decidendi

The application was struck out because the supporting affidavit was not attested, making the application incurably defective and incompetent under Rule 48(1) of the Court of Appeal Rules, 2009.

Court Disposition

application struck out

Orders

The application is struck out.