20170302 TZCA Arusha

20170302 TZCA Arusha

The application did not disclose any of the legally recognized grounds for review and instead sought to challenge the merits of the case, which is not permissible in review jurisdiction. Therefore, the application was incompetent and struck out.

Citation
20170302 TZCA Arusha
Parties
Applicant: Abubakar Hamis; Respondent: The DPP
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 March 2017
Procedural Posture
Criminal Application / Application for Review After Dismissal of Appeal
Outcome
application struck out for incompetence
Legal Topics
Armed Robbery, Review Jurisdiction, Grounds for Review, Competence of Application
Source Language
English
Criminal Law Appellate Procedure Armed Robbery Review Jurisdiction Grounds for Review Competence of Application

Case Brief

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Parties

Abubakar Hamis

Applicant

The DPP

Respondent

Procedural Posture

Criminal Application / Application for Review After Dismissal of Appeal

Legal Issues

  1. 1 Whether the application for review discloses grounds recognized by law for review of a Court of Appeal decision
  2. 2 Whether the application is competent in law

Ratio Decidendi

The application did not disclose any of the legally recognized grounds for review and instead sought to challenge the merits of the case, which is not permissible in review jurisdiction. Therefore, the application was incompetent and struck out.

Court Disposition

application struck out for incompetence

Orders

  • The application is struck out for incompetence.