20130802 TZCA Iringa

20130802 TZCA Iringa

The ground raised by the applicant does not fall within the five grounds enumerated under Rule 66(1) of the Rules; reconsidering the issue of identification would amount to sitting on appeal against the Court's own judgment, which is not permissible as the Court is functus officio.

Citation
20130802 TZCA Iringa
Parties
Applicant: Chamaa Kautene; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 August 2013
Procedural Posture
Criminal Application for Review / Ruling on Application for Review of Judgment
Outcome
Application dismissed
Legal Topics
Review of Appellate Judgment, Grounds for Review, Identification Evidence
Source Language
English
Criminal Law Appellate Procedure Review of Appellate Judgment Grounds for Review Identification Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Chamaa Kautene

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Review / Ruling on Application for Review of Judgment

Legal Issues

  1. 1 Whether the application for review falls within the grounds specified under Rule 66(1) of the Court of Appeal Rules, 2009
  2. 2 Whether the issue of identification was properly considered in the original judgment

Ratio Decidendi

The ground raised by the applicant does not fall within the five grounds enumerated under Rule 66(1) of the Rules; reconsidering the issue of identification would amount to sitting on appeal against the Court's own judgment, which is not permissible as the Court is functus officio.

Court Disposition

Application dismissed

Orders

  • The application for review is dismissed.