chela kilasa vs republic 2010 tzca 112 11 october 2010

chela kilasa vs republic 2010 tzca 112 11 october 2010

The omission by the trial court to draw a memorandum of matters not in dispute during the preliminary hearing contravened the mandatory requirements of section 192(3) of the Criminal Procedure Act. However, quashing the proceedings is unnecessary; the defect can be remedied by ordering the trial court to draw up the...

Source-derived case information.

Citation
chela kilasa vs republic 2010 tzca 112 11 october 2010
Parties
Applicant: Chela Kilasa; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 October 2010
Procedural Posture
Criminal Revision / Application for Revision of Preliminary Hearing Proceedings
Outcome
application allowed
Legal Topics
Preliminary Hearing, Memorandum of Matters Not in Dispute, Procedural Compliance
Source Language
english
Criminal Law Criminal Procedure Preliminary Hearing Memorandum of Matters Not in Dispute Procedural Compliance

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Summary, issues, holding and outcome

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Parties

Chela Kilasa

Applicant

The Republic

Respondent

Procedural Posture

Criminal Revision / Application for Revision of Preliminary Hearing Proceedings

Legal Issues

  1. 1 Whether failure to draw a memorandum of matters not in dispute during preliminary hearing contravenes section 192(3) of the Criminal Procedure Act
  2. 2 Whether such omission occasions a failure of justice and requires quashing of proceedings

Ratio Decidendi

The omission by the trial court to draw a memorandum of matters not in dispute during the preliminary hearing contravened the mandatory requirements of section 192(3) of the Criminal Procedure Act. However, quashing the proceedings is unnecessary; the defect can be remedied by ordering the trial court to draw up the required memorandum from the existing record.

Court Disposition

application allowed

Orders

  • The trial court is ordered to draw a memorandum of matters not in dispute from the proceedings conducted on 4th June 2004.