Tanzania Judgment

TZCA

19850513 TZCA Dar es Salaam2

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The appeal is incompetent as it raises only questions of fact, not law.

Court disposition

appeal dismissed

02

Material facts

Parties

Appellant

Appellant

The Republic

Respondent

Amounts and remedies

  • Sentence for Rape: year 1
  • Sentence for Robbery With Violence: year 7

03

Procedural history

  1. Posture

    Criminal Appeal / Second Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellant argued that he was not correctly identified.
Respondent
The respondent relied on the evidence establishing proper identification.

05

Court’s reasoning

  1. 01

    Court's reasoning

    On second appeal, only questions of law can be dealt with.

06

Ratio, limits and disposition

Ratio decidendi

The appeal is incompetent as it raises only questions of fact, not law.

Court disposition

appeal dismissed

Source and reliance status

TZCA · 13 May 1985

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Judgment text

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Source document

TZCA

Judgment· 13 May 1985

19850513 TZCA Dar es Salaam2

f ....,, IN" TH.Ii' CCXJRT OF ilPP:!\'.11 OF Tf. NZ!l lUiJ il T - ~ . MNli . , . .NZ/1 _. CRIMI NbL f:PP.:?JiL NO. 36 OF 1985 Between versus THE REPUBLIC.• •• ~••., •••• • •• ••.••• •••• ~rJSP0NIIJ1\T (lippeal from the conviction of the··:ai.;h Court f of Tanzania at Mwanzq) F.li. Munycr£i, J.) I Dated the 6th day of February 1985 in t WJSTflF/J, ,kfl • :,, ·· ·.. The-~.<:lp.p-::llci1it i,1e s convicted on two counts, 011..:: of ra.pc .. and one; • of robbery .with violence, He i,;as sentenced to 1 yc;2r for rape and 7 years for robhG.ry in thi:: I'istrict Court of Ifas )ma. 1 His appeal to the High Court 1-rcis dismisse:d and he nm, appeals to this Court • .. His ground of cippeal is that he was not correctly idcntified. There was plGnty of .. evid~ncc, which if belivedg estciblished that the . ~ ~· .· app<:llant wc1s properly identified. There is no lc1w involved in this appeal; it is based solely on facts~ As a sc cond appeal, only questions of l~w can be dealt with. This appeal is the1 eforc incompetent, and is dismissGd. 1 DATED at MW.LHJU this 13th. day of May~ 1935,· V 2 - :U. M. ,Rf.tK11MK , it· l CTI' OF i1PPTI'M., JTJS'TII~--=--~rt~~"'",:c,:a_~ .,..,,~~ :j,· l I i ·: l _,t ii i

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