Deogratias Nicholaus and Another versus The Republic; Criminal Application No. 1 of 2014: Court of Appeal of Tanzania at Bukoba (Unreported).
- Court of Appeal Rules
- Notice of motion-Notice of motion does not state the grounds for the reliefs sought – whether fatal.
- Extension of time - application for extension of time within which to apply for review-when the application can be granted?
Held:-
(i) It is now settled jurisprudence that failure to state in the notice of motion grounds for the reliefs sought is not necessarily fatal if such grounds can be gleaned from the supporting affidavit.
(ii) An application for extension of time to apply for review should not be entertained unless the applicant has not only shown good cause for the delay but has also established by affidavital evidence, at that stage either explicitly or implicitly, that the review application would be predicated on one or more of the grounds mentioned in Rule 66(1) and not on a mere personal dissatisfaction with the outcome of the appeal.