edison simon mwombeki vs republic 2018 tzca 465 11 july 2018

edison simon mwombeki vs republic 2018 tzca 465 11 july 2018

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

Citation
edison simon mwombeki vs republic 2018 tzca 465 11 july 2018
Parties
Applicant: Edison Simon Mwombeki; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 July 2018
Procedural Posture
Criminal Application for Review / Ruling on Application for Review
Outcome
Application dismissed for want of merit.
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

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Parties

Edison Simon Mwombeki

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 and constituted an error apparent on the record

Ratio Decidendi

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

Court Disposition

Application dismissed for want of merit.

Orders

  • Application dismissed.