fikiri katunge vs republic 2020 tzca 1941 14 may 2020
Non-consideration of the defence evidence by both the trial and appellate courts constituted a fatal irregularity, breached the right to be heard, and vitiated the conviction and sentence.
- Citation
- fikiri katunge vs republic 2020 tzca 1941 14 may 2020
- Parties
- Appellant: Fikiri Katunge; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 14 May 2020
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Armed Robbery, Right to Be Heard, Evaluation of Evidence, Natural Justice
- Source Language
- English
Case Brief
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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Parties
Fikiri Katunge
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the trial and appellate courts failed to consider the defence evidence
- 2 Whether non-consideration of defence evidence vitiates the conviction
Ratio Decidendi
Non-consideration of the defence evidence by both the trial and appellate courts constituted a fatal irregularity, breached the right to be heard, and vitiated the conviction and sentence.
Court Disposition
appeal allowed
Orders
- Judgment of the trial court and High Court nullified
- Conviction quashed
Full Case Text
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