20161022 TZCA Mwanza

20161022 TZCA Mwanza

No manifest error apparent on the face of the record was established; the complaints raised were either not part of the original appeal or had already been considered by the Court, and thus did not warrant review.

Source-derived case information.

Citation
20161022 TZCA Mwanza
Parties
Applicant: John Samwel @ Kabaka; Applicant: Charles Ba Kari; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 October 2016
Procedural Posture
Criminal Application for Review / Ruling on Application for Review
Outcome
application dismissed
Legal Topics
Review of Appellate Decisions, Manifest Error, Sentencing Irregularities, Plea of Guilty
Source Language
english
Criminal Law Appellate Procedure Review of Appellate Decisions Manifest Error Sentencing Irregularities Plea of Guilty

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Summary, issues, holding and outcome

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Parties

John Samwel @ Kabaka

Applicant

Charles Ba Kari

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 apparent on the face of the record resulting in a miscarriage of justice
  2. 2 Whether the Court failed to notice and consider irregularities in sentencing the applicants to consecutive terms of imprisonment

Ratio Decidendi

No manifest error apparent on the face of the record was established; the complaints raised were either not part of the original appeal or had already been considered by the Court, and thus did not warrant review.

Court Disposition

application dismissed

Orders

  • The application for review is dismissed.