Augustino Lyatonga Mrema versus The Republic

Augustino Lyatonga Mrema versus The Republic; Criminal Appeal No. 61 of 1999: Court of Appeal of Tanzania at Dar es Salaam (Unreported).

  • Court of Appeal Rules
  • Revision – whether the Court of Appeal enjoys revisional powers over interim orders granted by the High Court that are not appealable and matters before it by way of appeal.

Held:-

(i) The Court is conferred with powers of revision for the purpose of and incidental to the hearing and determination of any appeal.  That is to say, revision under Section 4(2) of the Appellate Jurisdiction Act may be resorted to as a device in the disposal of an appeal.

(ii) The Court of Appeal enjoys additional revisional jurisdiction for matters before the High Court in both Criminal and Civil proceedings and interlocutory and concluded proceedings.

(iii) In order for the Court of Appeal to exercise revisional jurisdiction in both cases, the record must reveal incorrectness, illegality or impropriety of any finding, order or any other decision made thereon.

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