BALYAHELE

BALYAHELE

The omission to list prosecution witnesses and exhibits in the committal proceedings is curable in this case because the names and contents were read and explained to the accused, fulfilling the purpose of section 247 of the Criminal Procedure Act.

Citation
BALYAHELE
Parties
Prosecution: Republic; Accused: Matemani s/o Balyehele @Charles; Accused: Daniel s/o Siyantemi; Accused: Samwel s/o Cosmas
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 November 2024
Procedural Posture
Criminal / Pre Trial Ruling on Committal Proceedings
Outcome
Omission held curable; no referral to Court of Appeal; order accordingly.
Legal Topics
Committal Proceedings, Listing of Witnesses and Exhibits, Curable Procedural Defects
Source Language
English
Criminal Law Criminal Procedure Committal Proceedings Listing of Witnesses and Exhibits Curable Procedural Defects

Case Brief

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Parties

Republic

Prosecution

Matemani s/o Balyehele @Charles

Accused

Daniel s/o Siyantemi

Accused

Samwel s/o Cosmas

Accused

Procedural Posture

Criminal / Pre Trial Ruling on Committal Proceedings

Legal Issues

  1. 1 Whether omission to list prosecution witnesses and exhibits in committal proceedings is fatal under section 247 of the Criminal Procedure Act

Ratio Decidendi

The omission to list prosecution witnesses and exhibits in the committal proceedings is curable in this case because the names and contents were read and explained to the accused, fulfilling the purpose of section 247 of the Criminal Procedure Act.

Court Disposition

Omission held curable; no referral to Court of Appeal; order accordingly.

Orders

  • No referral to Court of Appeal; proceedings to continue.