fredy mwakajilo vs republic 2014 tzca 189 17 october 2014

The proceedings and judgments were nullities due to a fatally defective charge sheet, incurable variance between the charge and evidence, and failure to formally convict the appellant as required by law.

Citation: fredy mwakajilo vs republic 2014 tzca 189 17 october 2014
Parties: Appellant: Fredy Mwakajilo; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 17 October 2014
Procedural Posture: Criminal Appeal / Second Appeal Before Court of Appeal From High Court Decision
Outcome: Appeal allowed; proceedings and judgments quashed; appellant released unless lawfully held for another cause.
Legal Topics: Rape, Defective Charge Sheet, Variance Between Charge and Evidence, Conviction Procedure, Revisional Powers
Source Language: English

Criminal Law Appellate Procedure Rape Defective Charge Sheet Variance Between Charge and Evidence Conviction Procedure Revisional Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2

Parties

Fredy Mwakajilo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of Appeal From High Court Decision

Legal Issues

1 Whether the charge sheet was fatally defective for citing the wrong section and particulars
2 Whether variance between the date in the charge and the evidence was fatal
3 Whether failure to call the victim to testify was fatal

Ratio Decidendi

Court Disposition

Appeal allowed; proceedings and judgments quashed; appellant released unless lawfully held for another cause.

Orders

All proceedings and judgments of the trial court and High Court quashed.
Appellant to be released from custody forthwith unless lawfully held.