20170224 TZCA Bukoba
None of the applicant's grounds meet the strict criteria for review under Rule 66(1); the application improperly seeks to re-argue the appeal, which is not permitted in review proceedings.
- Citation
- 20170224 TZCA Bukoba
- Parties
- Applicant: Chrizostom Benyoma; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 24 February 2017
- Procedural Posture
- Criminal Application for Review / Ruling on Application for Review of Court of Appeal Judgment
- Outcome
- Application dismissed
- Legal Topics
- Review of Appellate Judgment, Criteria for Review, Finality of Judgments
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Chrizostom Benyoma
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application for Review / Ruling on Application for Review of Court of Appeal Judgment
Legal Issues
- 1 Whether the grounds raised by the applicant meet the criteria for review under Rule 66(1) of the Tanzania Court of Appeal Rules, 2009
- 2 Whether the application amounts to a rehearing of the appeal
Ratio Decidendi
None of the applicant's grounds meet the strict criteria for review under Rule 66(1); the application improperly seeks to re-argue the appeal, which is not permitted in review proceedings.
Court Disposition
Application dismissed
Orders
- Application for review is dismissed.
Full Case Text
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