Yahaya Sharif versus The Republic

Yahaya Sharif versus The Republic; Criminal Application No 1 of 2015: Court of Appeal of Tanzania at Dar es Salaam (Unreported).

• Court of Appeal Rules

• Review – whether it is a constitutional right
• Review – factors the court should take into consideration before granting the application.

Held:-

(i) In this country there is neither a constitutional nor statutory right for seeking review of the Court of Appeal’s decision.  An applicant cannot therefore bring an application under the umbrella of the constitution.

(ii) The grant of an application of extension of time within which to file review rests on the discretion of the court but in exercising such discretion the court should consider these factors; the length of the delay,  whether there is an arguable case on appeal and the degree of prejudice to the defendant if time is extended.