20041117 TZCA Dar es Salaam
The omission to specify Malalo Village in the charge did not constitute a manifest error on the face of the record, nor did it occasion any miscarriage of justice, as the identification of the accused and deceased was clear and undisputed. The application for review was therefore dismissed for lack of merit.
- Citation
- 20041117 TZCA Dar es Salaam
- Parties
- Applicant: Juma Chaeka; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 17 November 2004
- Procedural Posture
- Criminal Application for Review / Ruling on Application for Review of Court of Appeal Judgment
- Outcome
- application dismissed
- Legal Topics
- Review of Appellate Judgment, Manifest Error on the Face of the Record, Murder Conviction, Identification of Accused, Pleading Requirements
- Source Language
- English
Case Brief
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Parties
Juma Chaeka
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application for Review / Ruling on Application for Review of Court of Appeal Judgment
Legal Issues
- 1 Whether omission to specify Malalo Village in the charge constituted a manifest error on the face of the record
- 2 Whether such omission occasioned a miscarriage of justice warranting review
Ratio Decidendi
The omission to specify Malalo Village in the charge did not constitute a manifest error on the face of the record, nor did it occasion any miscarriage of justice, as the identification of the accused and deceased was clear and undisputed. The application for review was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- application for review is dismissed
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