elly msalilwa vs republic 2023 tzca 17991 14 december 2023
The first appellate court erred by failing to address and resolve all grounds of appeal raised by the appellant, warranting nullification of its proceedings and judgment and remittal for rehearing before a different judge.
- Citation
- elly msalilwa vs republic 2023 tzca 17991 14 december 2023
- Parties
- Appellant: Elly Msalilwa; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 14 December 2023
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- proceedings and judgment of first appellate court nullified; case remitted for rehearing before a different judge; appellant to remain in custody
- Legal Topics
- Appellate Procedure, Unnatural Offence, Failure to Consider Grounds of Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Elly Msalilwa
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the first appellate court erred by failing to consider all grounds of appeal raised by the appellant
Ratio Decidendi
The first appellate court erred by failing to address and resolve all grounds of appeal raised by the appellant, warranting nullification of its proceedings and judgment and remittal for rehearing before a different judge.
Court Disposition
proceedings and judgment of first appellate court nullified; case remitted for rehearing before a different judge; appellant to remain in custody
Orders
- Proceedings and judgment in Criminal Appeal No. 42 of 2019 nullified
- Case file remitted to High Court for rehearing before a different judge
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