19900226 TZHC Dar es Salaam

The principal resident magistrate erred by construing 'complainant' as only the State Attorney and not recognizing the presence of a public prosecutor; the dismissal and acquittal under Section 202 was improper. Proceedings are quashed and retrial ordered.

Citation: 19900226 TZHC Dar es Salaam
Parties: Appellant: D.P.P.; Respondent: Donald Megeta; Respondent: Simon Peter Madete; Public Prosecutor: Kuboro
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 26 February 1990
Procedural Posture: Criminal Appeal / Revision Under Section 30 of Magistrates Courts Act 1904
Outcome: proceedings quashed; retrial ordered
Legal Topics: Dismissal for Non Appearance, Definition of Complainant, Public Prosecutor, Procedural Irregularity
Source Language: English

Criminal Law Foreign Exchange Control Dismissal for Non Appearance Definition of Complainant Public Prosecutor Procedural Irregularity

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Parties

D.P.P.

Appellant

Donald Megeta

Respondent

Simon Peter Madete

Respondent

Kuboro

Public Prosecutor

Procedural Posture

Criminal Appeal / Revision Under Section 30 of Magistrates Courts Act 1904

Legal Issues

1 Whether the dismissal and acquittal under Section 202 of Criminal Procedure Code was proper
2 Whether the absence of the State Attorney constituted absence of complainant
3 Whether the proceedings should be quashed and retrial ordered

Ratio Decidendi

Court Disposition

proceedings quashed; retrial ordered

Orders

All proceedings dated 1/7/83 quashed.
Accused Donald Megeta and Simon Peter Madete to be re-arrested and brought before Kivukoni Court for trial in Criminal Case No. 07 of 1983.