20180709 TZCA Mwanza

20180709 TZCA Mwanza

The applicant failed to demonstrate any error apparent on the face of the record as required by Rule 66(1); the alleged illegality regarding PW4's evidence was not self-evident and would require elaborate argument, thus not qualifying for review.

Citation
20180709 TZCA Mwanza
Parties
Applicant: Edison Simon Maiombeki; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 July 2018
Procedural Posture
Criminal Application for Review / Ruling on Application for Review
Outcome
application dismissed
Legal Topics
Review of Appellate Judgment, Manifest Error on Record, Jurisdiction of Police Investigators
Source Language
English
Criminal Law Appellate Procedure Review of Appellate Judgment Manifest Error on Record Jurisdiction of Police Investigators

Case Brief

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Parties

Edison Simon Maiombeki

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Review / Ruling on Application for Review

Legal Issues

  1. 1 Whether there was a manifest error on the face of the record justifying review under Rule 66(1) of the Court of Appeal Rules, 2009
  2. 2 Whether evidence of PW4 was illegally procured due to jurisdictional issues

Ratio Decidendi

The applicant failed to demonstrate any error apparent on the face of the record as required by Rule 66(1); the alleged illegality regarding PW4's evidence was not self-evident and would require elaborate argument, thus not qualifying for review.

Court Disposition

application dismissed

Orders

  • application for review dismissed for want of merit