19910516 TZHC Dar es Salaam

19910516 TZHC Dar es Salaam

The application for transfer was dismissed because there was no evidence of bias or partiality, as no magistrate had been assigned to the case. The alleged question of law of unusual difficulty was not substantiated. The charge of indecent assault is routinely handled by subordinate courts, and the procedure for transfer would not necessarily expedite the case.

Citation
19910516 TZHC Dar es Salaam
Parties
Applicant: Fritz Walter; Applicant: Hubert Wilhelm; Applicant: Maurice Boutinon; Applicant: Fritz Koch; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 May 1991
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Transfer of Case to High Court
Outcome
Application dismissed
Legal Topics
Transfer of Criminal Cases, Right to Legal Representation, Judicial Impartiality
Source Language
English
Criminal Law Criminal Procedure Transfer of Criminal Cases Right to Legal Representation Judicial Impartiality

Case Brief

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Parties

Fritz Walter

Applicant

Hubert Wilhelm

Applicant

Maurice Boutinon

Applicant

Fritz Koch

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Transfer of Case to High Court

Legal Issues

  1. 1 Whether the case should be transferred from the District Court to the High Court for trial under section 191(1) of the Criminal Procedure Act, 1985
  2. 2 Whether denial of legal representation and alleged bias justify transfer
  3. 3 Whether the case involves a question of law of unusual difficulty

Ratio Decidendi

The application for transfer was dismissed because there was no evidence of bias or partiality, as no magistrate had been assigned to the case. The alleged question of law of unusual difficulty was not substantiated. The charge of indecent assault is routinely handled by subordinate courts, and the procedure for transfer would not necessarily expedite the case.

Court Disposition

Application dismissed

Orders

  • Case to be mentioned at Kisutu on 17th May, 1991 for fixing of hearing date