20130325 TZCA Dodoma
The applicant's grounds for review were based on alleged insufficiency of evidence, which had already been considered and rejected on appeal. Such grounds do not constitute manifest error or any other ground for review under Rule 66. The application amounted to an appeal in disguise and was not maintainable.
- Citation
- 20130325 TZCA Dodoma
- Parties
- Applicant: Said Shabani; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 25 March 2013
- 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, Finality of Judgments, Rape Conviction, Evidentiary Sufficiency
- Source Language
- English
Case Brief
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Parties
Said Shabani
Applicant
The Republic
Respondent
Procedural Posture
Criminal Application for Review / Ruling on Application for Review of Court of Appeal Judgment
Legal Issues
- 1 Whether the Court of Appeal judgment was based on a manifest error resulting in miscarriage of justice
- 2 Whether the judgment was procured illegally or by perjury
- 3 Whether insufficiency of evidence constitutes a ground for review
Ratio Decidendi
The applicant's grounds for review were based on alleged insufficiency of evidence, which had already been considered and rejected on appeal. Such grounds do not constitute manifest error or any other ground for review under Rule 66. The application amounted to an appeal in disguise and was not maintainable.
Court Disposition
Application dismissed
Orders
- Application for review is dismissed
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