19860718 TZHC Dar es Salaam

19860718 TZHC Dar es Salaam

Given the prosecution's efforts to recall the retired magistrate and the impracticality of resummoning all witnesses, equity and justice require setting aside the dismissal order and allowing the original magistrate to continue the case.

Citation
19860718 TZHC Dar es Salaam
Parties
Prosecutor: The Republic; Accused: R.A.M.ADHANI BETERO
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 July 1986
Procedural Posture
Criminal Revision / Revision Order
Outcome
Order of dismissal set aside
Legal Topics
Dismissal for Want of Prosecution, Recall of Retired Magistrate, Continuation of Trial
Source Language
English
Criminal Law Criminal Procedure Dismissal for Want of Prosecution Recall of Retired Magistrate Continuation of Trial

Case Brief

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Parties

The Republic

Prosecutor

R.A.M.ADHANI BETERO

Accused

Procedural Posture

Criminal Revision / Revision Order

Legal Issues

  1. 1 Whether the dismissal of the charge for want of prosecution should stand given the prosecution's efforts to recall the retired magistrate and the practical difficulties in restarting the trial

Ratio Decidendi

Given the prosecution's efforts to recall the retired magistrate and the impracticality of resummoning all witnesses, equity and justice require setting aside the dismissal order and allowing the original magistrate to continue the case.

Court Disposition

Order of dismissal set aside

Orders

  • Order of Mr. Tuji dismissing the charge is set aside
  • Mr. Mosha to continue with the case from where he had ended