zungu paul tinga and another vs republic 2020 tzhc 4433 14 december 2020
The application was filed under a repealed edition of the law, failing to comply with mandatory requirements, rendering it incompetent and invalid before the court.
- Citation
- zungu paul tinga and another vs republic 2020 tzhc 4433 14 december 2020
- Parties
- Applicant: Zungu Paul Tinga; Applicant: Baraka Lazaro; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 December 2020
- Procedural Posture
- Criminal Application / Ruling on Preliminary Objection
- Outcome
- application struck out as incompetent
- Legal Topics
- Extension of Time, Competency of Application, Citation of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Zungu Paul Tinga
Applicant
Baraka Lazaro
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application is incompetent for noncompliance with mandatory legal provisions
- 2 Whether filing under repealed law renders the application invalid
Ratio Decidendi
The application was filed under a repealed edition of the law, failing to comply with mandatory requirements, rendering it incompetent and invalid before the court.
Court Disposition
application struck out as incompetent
Orders
- Application struck out for being incompetent.
- Applicants advised to refile within 21 days if they wish to pursue their right to appeal.
Full Case Text
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