NA TZHC Dar es Salaam 2

NA TZHC Dar es Salaam 2

The proceedings were a nullity because the accused was charged under a repealed law; the prosecution may recharge under the current law.

Citation
NA TZHC Dar es Salaam 2
Parties
Prosecutor: United Republic; Accused: Lesley Chipwaka
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1984
Procedural Posture
Criminal Revision / Judgment
Outcome
Application granted; proceedings declared a nullity; applicant set free.
Legal Topics
Plea of Guilty, Repealed Legislation, Proper Party to Charge
Source Language
English
Criminal Law Landlord and Tenant Law Plea of Guilty Repealed Legislation Proper Party to Charge

Case Brief

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Parties

United Republic

Prosecutor

Lesley Chipwaka

Accused

Procedural Posture

Criminal Revision / Judgment

Legal Issues

  1. 1 Whether the accused was properly charged under a repealed law
  2. 2 Whether the plea of 'it is true' constitutes an unequivocal plea of guilty
  3. 3 Whether the correct party was charged under the relevant statute

Ratio Decidendi

The proceedings were a nullity because the accused was charged under a repealed law; the prosecution may recharge under the current law.

Court Disposition

Application granted; proceedings declared a nullity; applicant set free.

Orders

  • Proceedings of the lower court declared a nullity.
  • Applicant Lesley Chipwaka to be set free.