20141024 TZCA Mbeya
The application is incompetent because the Court of Appeal lacks jurisdiction to revise its own decisions under Rule 65, and the applicant cited the wrong enabling provision. The application is struck out.
- Citation
- 20141024 TZCA Mbeya
- Parties
- Applicant: Mashaka s/o Lameck; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 24 October 2014
- Procedural Posture
- Criminal Application / Ruling on Preliminary Objection
- Outcome
- Application struck out as incompetent
- Legal Topics
- Jurisdiction, Revision, Review, Procedural Incompetence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mashaka s/o Lameck
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to revise its own decision under Rule 65 of the Court of Appeal Rules 2009
- 2 Whether the application is competent given the cited enabling provision
Ratio Decidendi
The application is incompetent because the Court of Appeal lacks jurisdiction to revise its own decisions under Rule 65, and the applicant cited the wrong enabling provision. The application is struck out.
Court Disposition
Application struck out as incompetent
Orders
- The application is struck out
Full Case Text
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