enock lwenge vs republic 2021 tzca 757 2 december 2021
The trial judge's failure to sign at the end of each witness's testimony rendered the evidence unauthentic and the proceedings a nullity. The defect is incurable and fatal to the conviction. Given the circumstances, a retrial is not in the interests of justice.
- Citation
- enock lwenge vs republic 2021 tzca 757 2 december 2021
- Parties
- Appellant: Enock Lwenge; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 December 2021
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence After Full Trial
- Outcome
- Appeal allowed
- Legal Topics
- Murder, Procedural Irregularity, Authentication of Evidence, Retrial, Appellate Review
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Enock Lwenge
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence After Full Trial
Legal Issues
- 1 Whether failure by the trial judge to sign at the end of each witness's testimony vitiates the proceedings
- 2 Whether a retrial should be ordered after nullification of proceedings due to procedural irregularity
Ratio Decidendi
The trial judge's failure to sign at the end of each witness's testimony rendered the evidence unauthentic and the proceedings a nullity. The defect is incurable and fatal to the conviction. Given the circumstances, a retrial is not in the interests of justice.
Court Disposition
Appeal allowed
Orders
- Proceedings of the trial court nullified with regard to PW1, PW2, PW3, and DW1 testimonies
- Conviction quashed
Full Case Text
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