20130627 TZCA Mbeya
The application was incompetent as it was filed out of time, cited a revoked law, and improperly invoked the court's revision jurisdiction as an alternative to appeal.
- Citation
- 20130627 TZCA Mbeya
- Parties
- Applicant: Gerald Kasamya Sibula; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 June 2013
- Procedural Posture
- Criminal Application for Revision / Ruling on Preliminary Objection
- Outcome
- Application struck out as incompetent
- Legal Topics
- Revision Jurisdiction, Limitation Period, Procedural Law, Jurisdiction, Appeal Vs Revision
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Parties
Gerald Kasamya Sibula
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application for Revision / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the application for revision was time-barred
- 2 Whether the application cited the correct procedural law
- 3 Whether revision can be used as an alternative to appeal
Ratio Decidendi
The application was incompetent as it was filed out of time, cited a revoked law, and improperly invoked the court's revision jurisdiction as an alternative to appeal.
Court Disposition
Application struck out as incompetent
Orders
- The application is hereby struck out.
Full Case Text
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