19780602 TZHC Mwanza 1
The trial was a nullity because the magistrate ignored the effective nolle prosequi and proceeded to try the appellant, contrary to s.81(1) of the Criminal Procedure Code.
- Citation
- 19780602 TZHC Mwanza 1
- Parties
- Appellant: Deogratias H.; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 2 June 1978
- Procedural Posture
- Criminal Appeal / Appellate Judgment
- Outcome
- appeal allowed
- Legal Topics
- Robbery With Violence, Nolle Prosequi, Criminal Procedure, Nullity of Trial
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Parties
Deogratias H.
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appellate Judgment
Legal Issues
- 1 Whether the trial magistrate erred by proceeding with the trial after the complainant and prosecutor acquiesced to discontinuance
- 2 Whether the proceedings and conviction were a nullity
Ratio Decidendi
The trial was a nullity because the magistrate ignored the effective nolle prosequi and proceeded to try the appellant, contrary to s.81(1) of the Criminal Procedure Code.
Court Disposition
appeal allowed
Orders
- entire proceedings quashed
- appellant to be released from custody unless lawfully held for another cause
Full Case Text
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