George Sanga objection on real objects

George Sanga objection on real objects

Section 289 of the Criminal Procedure Act was intended to cover all omissions at committal proceedings, including not listing exhibits, and therefore notice of additional exhibits is proper.

Citation
George Sanga objection on real objects
Parties
Prosecution: The Republic; 1st Accused: George s/o Menson @ Sanga; 2nd Accused: Goodluck s/o Oygen @ Mfuse; 3rd Accused: Optatus s/o Elias Nkwera
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
2 July 2024
Procedural Posture
Criminal / Ruling on Objection to Notice of Additional Exhibits at Committal Proceedings
Outcome
objection overruled
Legal Topics
Committal Proceedings, Notice of Additional Exhibits, Interpretation of Section 289 Criminal Procedure Act
Source Language
English
Criminal Procedure Committal Proceedings Notice of Additional Exhibits Interpretation of Section 289 Criminal Procedure Act

Case Brief

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Parties

The Republic

Prosecution

George s/o Menson @ Sanga

1st Accused

Goodluck s/o Oygen @ Mfuse

2nd Accused

Optatus s/o Elias Nkwera

3rd Accused

Procedural Posture

Criminal / Ruling on Objection to Notice of Additional Exhibits at Committal Proceedings

Legal Issues

  1. 1 Whether section 289 of the Criminal Procedure Act permits notice of additional exhibits when the witness was listed but exhibits omitted at committal proceedings

Ratio Decidendi

Section 289 of the Criminal Procedure Act was intended to cover all omissions at committal proceedings, including not listing exhibits, and therefore notice of additional exhibits is proper.

Court Disposition

objection overruled

Orders

  • Notice of additional exhibits filed by prosecution is proper and allowed.