twaha salum vs republic 2023 tzca 17447 25 july 2023

twaha salum vs republic 2023 tzca 17447 25 july 2023

The applicant failed to demonstrate any manifest error on the face of the record resulting in a miscarriage of justice. The evidence was found to be credible and reliable by both the trial and appellate courts, and the issues raised were either previously determined or not properly raised at the appropriate stage. The application was therefore dismissed for lack of merit.

Citation
twaha salum vs republic 2023 tzca 17447 25 july 2023
Parties
Applicant: Twaha Salum; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 July 2023
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, Unnatural Offence (sodomy), Manifest Error on the Face of the Record, Standard for Review Applications
Source Language
English
Criminal Law Appellate Procedure Review of Appellate Judgment Unnatural Offence (sodomy) Manifest Error on the Face of the Record Standard for Review Applications

Case Brief

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Parties

Twaha Salum

Applicant

The Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Court of Appeal judgment contained a manifest error on the face of the record resulting in a miscarriage of justice
  2. 2 Whether the conviction and sentence were based on contradictory or unreliable evidence
  3. 3 Whether the applicant's plea to the second count was ambiguous or defective

Ratio Decidendi

The applicant failed to demonstrate any manifest error on the face of the record resulting in a miscarriage of justice. The evidence was found to be credible and reliable by both the trial and appellate courts, and the issues raised were either previously determined or not properly raised at the appropriate stage. The application was therefore dismissed for lack of merit.

Court Disposition

Application dismissed

Orders

  • Application for review is dismissed in its entirety.