abdallah hamisi salim simba vs republic 2010 tzca 16 22 march 2010

abdallah hamisi salim simba vs republic 2010 tzca 16 22 march 2010

The applicant failed to demonstrate any manifest error on the face of the record or deprivation of opportunity to be heard; the grounds raised do not meet the threshold for review under Rule 66 of the Court of Appeal Rules, 2009.

Citation
abdallah hamisi salim simba vs republic 2010 tzca 16 22 march 2010
Parties
Applicant: Abdallah Hamisi Salim @ Simba; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 March 2010
Procedural Posture
Criminal Application for Review / Application for Review of Court of Appeal Judgment
Outcome
Application for review dismissed
Legal Topics
Review of Appellate Judgment, Visual Identification, Alibi Defence, Procedural Fairness
Source Language
English
Criminal Law Appellate Procedure Review of Appellate Judgment Visual Identification Alibi Defence Procedural Fairness

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Parties

Abdallah Hamisi Salim @ Simba

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Review / Application for Review of Court of Appeal Judgment

Legal Issues

  1. 1 Whether there is a manifest error on the face of the record justifying review
  2. 2 Whether the applicant was wrongly deprived of an opportunity to be heard
  3. 3 Whether the trial was conducted in a language not understood by the applicant

Ratio Decidendi

The applicant failed to demonstrate any manifest error on the face of the record or deprivation of opportunity to be heard; the grounds raised do not meet the threshold for review under Rule 66 of the Court of Appeal Rules, 2009.

Court Disposition

Application for review dismissed

Orders

  • Application for review is dismissed.