20180424 TZCA Mwanza

20180424 TZCA Mwanza

The applicant's grounds do not fall within the permissible grounds for review under Rule 66(1); the alleged deprivation of the right to call a witness was not pursued at trial or appeal, and the remaining grounds seek re-evaluation of evidence, which is not allowed in review.

Citation
20180424 TZCA Mwanza
Parties
Applicant: Kenedy Ivan; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 April 2018
Procedural Posture
Criminal Review Application / Ruling on Application for Review
Outcome
application dismissed
Legal Topics
Review of Appellate Decisions, Armed Robbery, Visual Identification, Right to Call Witnesses
Source Language
English
Criminal Law Appellate Procedure Review of Appellate Decisions Armed Robbery Visual Identification Right to Call Witnesses

Case Brief

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Parties

Kenedy Ivan

Applicant

The Republic

Respondent

Procedural Posture

Criminal Review Application / Ruling on Application for Review

Legal Issues

  1. 1 Whether the applicant was deprived of the right to call a defence witness
  2. 2 Whether contradictions in PW1's evidence undermine reliability
  3. 3 Whether the Court erred in relying on evidence of familiarity and early mention

Ratio Decidendi

The applicant's grounds do not fall within the permissible grounds for review under Rule 66(1); the alleged deprivation of the right to call a witness was not pursued at trial or appeal, and the remaining grounds seek re-evaluation of evidence, which is not allowed in review.

Court Disposition

application dismissed

Orders

  • application dismissed in its entirety