20130415 TZHC DODOMA

20130415 TZHC DODOMA

The appeal was allowed and a retrial ordered because new evidence surfaced during the appeal that warranted reconsideration of the case by a different magistrate.

Citation
20130415 TZHC DODOMA
Parties
Appellant: Abdallah Msumi; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 April 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; retrial ordered
Legal Topics
Unnatural Offence, Appeal Procedure, Retrial
Source Language
English

Case Brief

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Parties

Abdallah Msumi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 Whether the conviction for unnatural offence was proper in light of new evidence presented during appeal

Ratio Decidendi

The appeal was allowed and a retrial ordered because new evidence surfaced during the appeal that warranted reconsideration of the case by a different magistrate.

Court Disposition

appeal allowed; retrial ordered

Orders

  • The appeal before the District Court to be heard de novo by a different Magistrate of competent jurisdiction.