20170524 TZCA Arusha2

Applicant's grounds are appeal grounds, not review grounds; none of the five criteria for review under Rule 66(1) are met; application is an attempt to appeal through review, which is not permitted.

Citation: 20170524 TZCA Arusha2
Parties: Applicant: Raymond Silayo; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 24 May 2017
Procedural Posture: Criminal Application / Application for Review of Court of Appeal Judgment
Outcome: Application dismissed
Legal Topics: Review of Appellate Judgment, Criteria for Review, Finality of Litigation
Source Language: English

Criminal Law Appellate Procedure Review of Appellate Judgment Criteria for Review Finality of Litigation

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Parties

Raymond Silayo

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application / Application for Review of Court of Appeal Judgment

Legal Issues

1 Whether the grounds raised meet the criteria for review under Rule 66(1) of the Court of Appeal Rules
2 Whether the applicant was wrongly deprived of an opportunity to be heard
3 Whether manifest error or lack of proof of rape justifies review

Ratio Decidendi

Applicant's grounds are appeal grounds, not review grounds; none of the five criteria for review under Rule 66(1) are met; application is an attempt to appeal through review, which is not permitted.

Court Disposition

Application dismissed

Orders

Application for review dismissed