g9963 raphael paul makongojo vs republic 2021 tzca 541 30 september 2021

g9963 raphael paul makongojo vs republic 2021 tzca 541 30 september 2021

The appellant was denied the fundamental right to be heard on the issue of bail, as the affidavit relied upon to deny bail was not served on him and he was not given an opportunity to respond. This violation of natural justice rendered the proceedings and judgments of both the trial court and first appellate court a nullity, necessitating their nullification and an order for retrial.

Citation
g9963 raphael paul makongojo vs republic 2021 tzca 541 30 september 2021
Parties
Appellant: G.9963 Raphael Paul @Makongojo; Respondent: Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 September 2021
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision Affirming Conviction and Sentence
Outcome
Appeal allowed; proceedings and judgments of trial and first appellate courts nullified; conviction quashed; sentence set aside; retrial ordered.
Legal Topics
Rape, Right to Be Heard, Bail, Preliminary Hearing, Natural Justice
Source Language
English
Criminal Law Constitutional Law Criminal Procedure Rape Right to Be Heard Bail Preliminary Hearing Natural Justice

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Parties

G.9963 Raphael Paul @Makongojo

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision Affirming Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was denied the right to be heard on the issue of bail
  2. 2 Whether the denial of bail without serving the affidavit and hearing the appellant vitiated the trial
  3. 3 Whether the preliminary hearing was properly conducted under section 192 of the CPA

Ratio Decidendi

The appellant was denied the fundamental right to be heard on the issue of bail, as the affidavit relied upon to deny bail was not served on him and he was not given an opportunity to respond. This violation of natural justice rendered the proceedings and judgments of both the trial court and first appellate court a nullity, necessitating their nullification and an order for retrial.

Court Disposition

Appeal allowed; proceedings and judgments of trial and first appellate courts nullified; conviction quashed; sentence set aside; retrial ordered.

Orders

  • Proceedings and judgment of the trial court nullified.
  • Proceedings and judgment of the first appellate court nullified.