20101007 TZCA Mwanza

20101007 TZCA Mwanza

The omission to draw a memorandum of matters not in dispute during the preliminary hearing is a contravention of section 192(3) of the Criminal Procedure Act. Strict compliance is mandatory. Remedying the omission by ordering the trial court to draw up the memorandum from the existing proceedings is sufficient to cure the defect.

Citation
20101007 TZCA Mwanza
Parties
Applicant: Chela Kilasa; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 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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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 and causes a miscarriage of justice.

Ratio Decidendi

The omission to draw a memorandum of matters not in dispute during the preliminary hearing is a contravention of section 192(3) of the Criminal Procedure Act. Strict compliance is mandatory. Remedying the omission by ordering the trial court to draw up the memorandum from the existing proceedings is sufficient to cure the defect.

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.