20170823 TZCA Mwanza

20170823 TZCA Mwanza

The applicant's grounds are in the nature of appeal grounds and do not fall within the limited grounds for review under Rule 66(1). The applicant was afforded the right to be heard, and no manifest error or exceptional circumstance justifying review was established.

Citation
20170823 TZCA Mwanza
Parties
Applicant: Majid Goa @ Vedastus; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 August 2017
Procedural Posture
Criminal Application for Review / Ruling on Application for Review of Court of Appeal Judgment
Outcome
Application dismissed
Legal Topics
Review Jurisdiction, Grounds for Review, Right to Be Heard, Evaluation of Evidence, Finality of Judgments
Source Language
English
Criminal Law Appellate Procedure Review Jurisdiction Grounds for Review Right to Be Heard Evaluation of Evidence Finality of Judgments

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Parties

Majid Goa @ Vedastus

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 satisfy the requirements for review under Rule 66(1) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the applicant was denied the right to be heard
  3. 3 Whether the Court failed to properly evaluate the evidence and consider contradictions

Ratio Decidendi

The applicant's grounds are in the nature of appeal grounds and do not fall within the limited grounds for review under Rule 66(1). The applicant was afforded the right to be heard, and no manifest error or exceptional circumstance justifying review was established.

Court Disposition

Application dismissed

Orders

  • The application for review is dismissed.