19850513 TZCA Dar es Salaam2
- Citation
- 19850513 TZCA Dar es Salaam2
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZCA
- Decision
- 13 May 1985
- Posture
- Criminal Appeal / Second Appeal
- Language
- English
More details
- Court
- TZCA
- Decision
- 13 May 1985
- Posture
- Criminal Appeal / Second Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
AppellantThe Republic
RespondentAmounts and remedies
- Sentence for Rape: year 1
- Sentence for Robbery With Violence: year 7
03
Procedural history
Posture
Criminal Appeal / Second Appeal
04
Questions and positions
Legal issues
- 01
Whether the appellant was correctly identified
- 02
Whether the appeal raises any question of law
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
Legal principles
- 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 reading view
Judgment text
The complete available source text.
TZCA
Judgment· 13 May 1985
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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