20130320 TZCA Arusha1

20130320 TZCA Arusha1

The applicant failed to demonstrate that any of the grounds under Rule 66(1) were violated in the judgment intended to be reviewed, and the affidavit evidence provided was general and unsubstantiated, thus not advancing the applicant's cause.

Citation
20130320 TZCA Arusha1
Parties
Applicant: Fadhili Yahaya; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 March 2013
Procedural Posture
Criminal Application / Ruling on Application for Extension of Time to File Review
Outcome
Application dismissed
Legal Topics
Extension of Time, Review of Judgment, Affidavit Evidence
Source Language
English
Criminal Law Appellate Procedure Extension of Time Review of Judgment Affidavit Evidence

Case Brief

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Parties

Fadhili Yahaya

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Extension of Time to File Review

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient grounds under Rule 66(1) of the Tanzania Court of Appeal Rules, 2009 for extension of time to file a review
  2. 2 Whether the affidavit evidence provided by the prison officer substantiated the delay

Ratio Decidendi

The applicant failed to demonstrate that any of the grounds under Rule 66(1) were violated in the judgment intended to be reviewed, and the affidavit evidence provided was general and unsubstantiated, thus not advancing the applicant's cause.

Court Disposition

Application dismissed

Orders

  • Application is dismissed for lack of merit.