said shabani vs republic 2013 tzca 423 25 march 2013
The applicant failed to establish any of the grounds for review under Rule 66; insufficiency of evidence is not a manifest error on the face of the record and was already addressed in the appeal. The application is an appeal in disguise and is not permissible.
Source-derived case information.
- Citation
- said shabani vs republic 2013 tzca 423 25 march 2013
- Parties
- Applicant: Saidi 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, Sufficiency of Evidence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Saidi 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 applicant demonstrated grounds for review under Rule 66 of the Tanzania Court of Appeal Rules, 2009
- 2 Whether insufficiency of evidence constitutes a manifest error justifying review
Ratio Decidendi
The applicant failed to establish any of the grounds for review under Rule 66; insufficiency of evidence is not a manifest error on the face of the record and was already addressed in the appeal. The application is an appeal in disguise and is not permissible.
Court Disposition
Application dismissed
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