police, in violation of his fundamental rights under section 23 of the
Criminal Procedure Act Cap 20 RE 2002 (hereinafter referred to as
“CPA”) and supported by Article 15(1)(2) of the Constitution of the
Respondent State (1977) (hereinafter referred to as “the Constitution”);
ii.
That the Court of Appeal of Tanzania failed to properly determine
matters of law and facts, thus violating Articles 2, 3 and 7(1) of the
Charter and Article 107A(B) of the Constitution; and
iii. The justice of appeal erred in law and facts by failing to observe that the
defence witnesses were not called as required by Section 231 of the
CPA, Cap 20 RE 2002 and Article 13(6)(a) of the Constitution.
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
10. The Registry received the Application on 29 June 2016, and served it on the
Respondent State on 24 August 2016.
11. The Parties filed their pleadings within the time stipulated by the Court after
several extensions.
12. Pleadings were closed on 5 November 2020 and the Parties were duly
notified.
IV.
PRAYERS OF THE PARTIES
13. The Applicant prays the Court to:
i.
Restore justice by quashing both his conviction and sentence, and set
him at liberty;
ii.
Grant him reparations pursuant to Article 27(1) of the Protocol to the
Charter; and
iii. Make any other order that it deems appropriate in the circumstances of
his case.
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