19900526 TZHC Dar es Salaam

19900526 TZHC Dar es Salaam

As there are no serious points of law at stake and only issues of fact are raised, leave to appeal to the Court of Appeal is refused because a second appeal does not lie on questions of fact.

Citation
19900526 TZHC Dar es Salaam
Parties
Appellant: Hilson Limbe & Another; Respondent: The United Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 May 1990
Procedural Posture
Criminal Appeal / Application for Leave to Appeal to Court of Appeal (second Appeal)
Outcome
Application for leave to appeal refused
Legal Topics
Second Appeals, Doctrine of Recent Possession, Questions of Law Vs Fact
Source Language
English
Criminal Law Appellate Procedure Second Appeals Doctrine of Recent Possession Questions of Law Vs Fact

Case Brief

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Parties

Hilson Limbe & Another

Appellant

The United Republic

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal to Court of Appeal (second Appeal)

Legal Issues

  1. 1 Whether leave should be granted for a second appeal to the Court of Appeal on the basis of alleged errors of fact and law
  2. 2 Whether the doctrine of recent possession was correctly applied by the lower courts

Ratio Decidendi

As there are no serious points of law at stake and only issues of fact are raised, leave to appeal to the Court of Appeal is refused because a second appeal does not lie on questions of fact.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal to Court of Appeal is refused