20130730 TZCA Iringa1

20130730 TZCA Iringa1

The application was dismissed because the applicant failed to disclose or establish any of the grounds for review stipulated under Rule 66(1) of the Tanzania Court of Appeal Rules, 2009, and the Court had already considered the applicant's defence in the original judgment.

Citation
20130730 TZCA Iringa1
Parties
Applicant: Japhet Thadei Msigwa; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 July 2013
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, Grounds for Review, Doctrine of Recent Possession, Murder Conviction
Source Language
English
Criminal Law Appellate Procedure Review of Appellate Judgment Grounds for Review Doctrine of Recent Possession Murder Conviction

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Parties

Japhet Thadei Msigwa

Applicant

The Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant established any of the grounds for review under Rule 66(1) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the Court overlooked material aspects of law or fact in its original judgment

Ratio Decidendi

The application was dismissed because the applicant failed to disclose or establish any of the grounds for review stipulated under Rule 66(1) of the Tanzania Court of Appeal Rules, 2009, and the Court had already considered the applicant's defence in the original judgment.

Court Disposition

Application dismissed

Orders

  • The application for review is dismissed.