Omary Makunja versus The Republic

Omary Makunja versus The Republic; Criminal Application No 22 of 2014: Court of Appeal of Tanzania at Dar es Salaam (Unreported).

• Court of Appeal Rules

• Review – application for review – what are the grounds?
• Review – whether any error warrants review

Held:-

(i) Review is not an automatic right. It is available only in exceptional situations which are listed under Rule 66 (1) of the Court of Appeal Rules, 2009.

(ii) That a decision is erroneous in law is no ground for ordering review. Thus the ingredients of an operative error are that first, there ought to be an error; second, the error has to be manifest on the face of the record, and third, the error must have resulted in miscarriage of justice.