zungu paul tinga and another vs republic 2020 tzhc 4433 14 december 2020

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The application was filed under a repealed edition of the law, failing to comply with mandatory requirements, rendering it incompetent and invalid before the court.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

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Parties

Zungu Paul Tinga

Applicant

Baraka Lazaro

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Preliminary Objection

  1. 1 Whether the application is incompetent for noncompliance with mandatory legal provisions
  2. 2 Whether filing under repealed law renders the application invalid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The application was filed under a repealed edition of the law, failing to comply with mandatory requirements, rendering it incompetent and invalid before the court.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.