republic versus gilbert sostenes kalanje 6 others 2023 tzhc 23059 13 november 2023

republic versus gilbert sostenes kalanje 6 others 2023 tzhc 23059 13 november 2023

The court held that it was not functus officio as the previous notice was struck out for incompetence, not finally determined. Struck out criminal applications can be refiled. The prosecution's notice complied with statutory requirements except for service, which does not invalidate the notice itself. Objections by the defence lacked merit and were overruled.

Citation
republic versus gilbert sostenes kalanje 6 others 2023 tzhc 23059 13 november 2023
Parties
Prosecution: The Republic; 1st Accused: Gilbert Sostenes Kalanje; 2nd Accused: Charles Maurice Onyango; 3rd Accused: Nicholaus Stanslaus Kisinza; 4th Accused: Marco Mbuta Chigingozi; 5th Accused: John Yesse Msuya; 6th Accused: Shirazi Ally Mkupa; 7th Accused: Salim Juma Mbalu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 November 2023
Procedural Posture
Criminal Session / Pre Trial Interlocutory Ruling
Outcome
objections overruled; prosecution's notice recorded
Legal Topics
Admissibility of Evidence, Notice of Intention to Call Witness, Functus Officio, Refiling Struck Out Applications
Source Language
English
Criminal Law Criminal Procedure Admissibility of Evidence Notice of Intention to Call Witness Functus Officio Refiling Struck Out Applications

Case Brief

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Parties

The Republic

Prosecution

Gilbert Sostenes Kalanje

1st Accused

Charles Maurice Onyango

2nd Accused

Nicholaus Stanslaus Kisinza

3rd Accused

Marco Mbuta Chigingozi

4th Accused

John Yesse Msuya

5th Accused

Shirazi Ally Mkupa

6th Accused

Salim Juma Mbalu

7th Accused

Procedural Posture

Criminal Session / Pre Trial Interlocutory Ruling

Legal Issues

  1. 1 Whether the court is functus officio regarding the prosecution's notice to introduce additional evidence
  2. 2 Whether a struck out criminal application can be refiled
  3. 3 Whether the prosecution complied with section 289(1) and (2) of the Criminal Procedure Act regarding notice

Ratio Decidendi

The court held that it was not functus officio as the previous notice was struck out for incompetence, not finally determined. Struck out criminal applications can be refiled. The prosecution's notice complied with statutory requirements except for service, which does not invalidate the notice itself. Objections by the defence lacked merit and were overruled.

Court Disposition

objections overruled; prosecution's notice recorded

Orders

  • Notice of additional exhibit (cautioned statement) of PF 19906 Insp. John Yesse Msuya filed on 31/10/2023 is marked recorded as prayed.
  • Notice to be served to accused persons or their advocates within reasonable time and before presentation of additional evidence or exhibit in court.