benedict kilembe vs republic 2015 tzca 222 21 august 2015
The application was misconceived because the Court of Appeal lacks jurisdiction to revise its own decisions; therefore, the application could not be entertained and was struck out.
- Citation
- benedict kilembe vs republic 2015 tzca 222 21 august 2015
- Parties
- Applicant: Benedict Kilembe; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 21 August 2015
- Procedural Posture
- Criminal Application / Ruling on Application for Extension of Time
- Outcome
- Application struck out
- Legal Topics
- Extension of Time, Jurisdiction, Revision of Court Decisions
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Parties
Benedict Kilembe
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to revise its own decision
- 2 Whether extension of time can be granted to apply for revision of the Court's own decision
Ratio Decidendi
The application was misconceived because the Court of Appeal lacks jurisdiction to revise its own decisions; therefore, the application could not be entertained and was struck out.
Court Disposition
Application struck out
Orders
- The application is misconceived and is hereby struck out.
Full Case Text
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