20130315 TZCA Dodoma 1

20130315 TZCA Dodoma 1

The grounds raised by the applicant do not fall within the exclusive grounds for review under Rule 66(1) of the Court of Appeal Rules, 2009. The application seeks a re-evaluation of evidence already considered on appeal, which is not permissible in a review. The application is therefore misconceived and must be dismissed.

Citation
20130315 TZCA Dodoma 1
Parties
Applicant: Samson Matiga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 March 2013
Procedural Posture
Criminal Application for Review / Ruling on Application for Review of Judgment
Outcome
Application dismissed for lack of merits.
Legal Topics
Review of Appellate Judgment, Grounds for Review, Miscarriage of Justice, Re Evaluation of Evidence
Source Language
English
Criminal Law Appellate Procedure Review of Appellate Judgment Grounds for Review Miscarriage of Justice Re Evaluation of Evidence

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Parties

Samson Matiga

Applicant

The Republic

Respondent

Procedural Posture

Criminal Application for Review / Ruling on Application for Review of Judgment

Legal Issues

  1. 1 Whether the grounds raised by the applicant qualify for review under Rule 66(1) of the Court of Appeal Rules, 2009
  2. 2 Whether the Court can re-evaluate evidence already considered in the appeal

Ratio Decidendi

The grounds raised by the applicant do not fall within the exclusive grounds for review under Rule 66(1) of the Court of Appeal Rules, 2009. The application seeks a re-evaluation of evidence already considered on appeal, which is not permissible in a review. The application is therefore misconceived and must be dismissed.

Court Disposition

Application dismissed for lack of merits.

Orders

  • Application for review is dismissed.