20170810 TZCA Arusha 2

20170810 TZCA Arusha 2

The application for review failed to meet the mandatory threshold under Rule 66(1) of the Court of Appeal Rules, as the grounds raised either were not part of the original appeal or sought to re-evaluate evidence, which is not permissible in review proceedings.

Citation
20170810 TZCA Arusha 2
Parties
Applicant: Frank Lucas; Applicant: Ackley August; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 August 2017
Procedural Posture
Miscellaneous Criminal Application (review) / Ruling on Application for Review of Judgment
Outcome
Application dismissed
Legal Topics
Review of Appellate Judgment, Defective Charge Sheet, Evaluation of Evidence, Finality of Judgments
Source Language
English
Criminal Law Appellate Procedure Review of Appellate Judgment Defective Charge Sheet Evaluation of Evidence Finality of Judgments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Frank Lucas

Applicant

Ackley August

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application (review) / Ruling on Application for Review of Judgment

Legal Issues

  1. 1 Whether the application for review meets the threshold under Rule 66(1) of the Court of Appeal Rules, 2009
  2. 2 Whether the alleged defect in the charge sheet and evaluation of evidence constitute grounds for review

Ratio Decidendi

The application for review failed to meet the mandatory threshold under Rule 66(1) of the Court of Appeal Rules, as the grounds raised either were not part of the original appeal or sought to re-evaluate evidence, which is not permissible in review proceedings.

Court Disposition

Application dismissed

Orders

  • Application for review is dismissed in its entirety.