20110218 TZHC Dar es Salaam 1

The trial court's failure to frame and read the charge, call upon the sureties to show cause, and provide an opportunity to reply constituted a fundamental procedural irregularity and violation of natural justice, rendering the conviction and sentence unsustainable.

Citation: 20110218 TZHC Dar es Salaam 1
Parties: Prosecution: Republic; Accused: Ramadhan Bakire; Accused: Nasra B. Mkoraki; Surety: Bashaka s/o Bakire; Surety: Mgeni s/o Jetta
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 February 2011
Procedural Posture: Criminal Revision / Revision Decision With Reasons
Outcome: conviction and sentence quashed; sureties released
Legal Topics: Contempt of Court, Natural Justice, Procedural Irregularity
Source Language: English

Criminal Law Procedural Law Contempt of Court Natural Justice Procedural Irregularity

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Parties

Republic

Prosecution

Ramadhan Bakire

Accused

Nasra B. Mkoraki

Accused

Bashaka s/o Bakire

Surety

Mgeni s/o Jetta

Surety

Procedural Posture

Criminal Revision / Revision Decision With Reasons

Legal Issues

1 Whether the trial court followed proper procedure in convicting and sentencing sureties for contempt of court under S.114(a) of the Penal Code.

Ratio Decidendi

Court Disposition

conviction and sentence quashed; sureties released

Orders

Conviction and sentence against Bashaka s/o Bakire and Mgeni s/o Jetta quashed and set aside.
Sureties to be immediately released from custody unless otherwise lawfully held.