20170810 TZCA Arusha2

20170810 TZCA Arusha2

None of the grounds raised by the applicant fall within the permissible grounds for review under Rule 66(1) of the Court of Appeal Rules, 2009, and the application is an impermissible attempt to re-argue the appeal.

Citation
20170810 TZCA Arusha2
Parties
Applicant: Procodence Philipo; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 August 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 Decisions, Grounds for Review, Rape Conviction, Procedural Compliance
Source Language
English
Criminal Law Appellate Procedure Review of Appellate Decisions Grounds for Review Rape Conviction Procedural Compliance

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Parties

Procodence Philipo

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 grounds raised by the applicant meet the requirements for review under Rule 66(1) of the Court of Appeal Rules, 2009
  2. 2 Whether the application improperly seeks to re-argue matters already decided on appeal

Ratio Decidendi

None of the grounds raised by the applicant fall within the permissible grounds for review under Rule 66(1) of the Court of Appeal Rules, 2009, and the application is an impermissible attempt to re-argue the appeal.

Court Disposition

Application dismissed

Orders

  • The application for review is dismissed.