0005CI3
the Court of Appeal Court are governed by the Appellate Jurisdiction Act of 2002
and the Court of Appeal Rules.
72. The
of Appeal considered all
the
of appeal. The Respondent State also states that
the
Respondent State avers that the Court
Applicant's grounds
Applicant's appeals were heard and determined by the appellate courts and he
was duly accorded his right to equality before the law as guaranteed under the
Charter.
73.
Article 3 of the Charter stipulates that "(1) Every individual shall be equat before the
law" and that "(2) Every individual shall be entitled to equal protection of the law."
74. With respect to the right to equality
before the law, this Court has found, in
paragraphs 66 and 67 above that, the Court of Appeal's assessment of the
evidence relating to the doctrine of recent possession was not done in a manner
that infringed on the Applicant's rights. The Court also finds that the Court of
Appeal's assessment was neither manifestly erroneous, nor did it occasion a
miscarriage of justice to the Applicant. Furthermore, the Court has found no
evidence on record and the Applicant has not demonstrated how he was treated
differently, as compared to other persons who were in a sltuation similar to his,1a
resulting in unequal protection of the law or inequality before the law contrary to
Article 3 of the Charter.
75. The Court therefore
dismisses this allegation and holds that the Respondent
State has not violated Article 3 of the Charter.
C. Alleged violation of the right not to be discriminated against
76.
The Applicant claims that the treatment of his matters by the court of Appeal
violated his rights under Article 2 of the Charter.
14
Application No. 006/2016. Judgment of 07112120'18 (Merits), Mgosi futwita Makungu v tJnited
Republic of Tanzanra. g 66.
20
I