frank lucas another vs republic 2017 tzca 210 10 august 2017

frank lucas another vs republic 2017 tzca 210 10 august 2017

The application failed to meet the mandatory threshold for review under Rule 66(1) as neither the charge sheet defect nor the evaluation of evidence constituted grounds for review; review cannot be used to re-evaluate evidence or raise new issues not considered in the original appeal.

Citation
frank lucas another vs republic 2017 tzca 210 10 august 2017
Parties
Applicant: Frank Lucas; Applicant: Ackley August; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 August 2017
Procedural Posture
Miscellaneous Criminal Application / Application for Review
Outcome
application dismissed
Legal Topics
Review of Appellate Judgment, Manifest Error, Evaluation of Evidence
Source Language
English
Criminal Law Appellate Procedure Review of Appellate Judgment Manifest Error Evaluation of Evidence

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 / Application for Review

Legal Issues

  1. 1 Whether the Court's previous judgment contained manifest errors justifying review under Rule 66(1) of the Court of Appeal Rules, 2009
  2. 2 Whether the charge sheet defect and evaluation of evidence warrant review

Ratio Decidendi

The application failed to meet the mandatory threshold for review under Rule 66(1) as neither the charge sheet defect nor the evaluation of evidence constituted grounds for review; review cannot be used to re-evaluate evidence or raise new issues not considered in the original appeal.

Court Disposition

application dismissed

Orders

  • application dismissed in its entirety