haji masanja makinga vs republic 2013 tzca 303 27 july 2013

haji masanja makinga vs republic 2013 tzca 303 27 july 2013

The appellant's right to a fair hearing was infringed because the trial court proceeded with the case in his absence without making sufficient efforts to trace him or ascertain the reasons for his absence, and identification evidence was given when he was not present, rendering the conviction unsafe.

Citation
haji masanja makinga vs republic 2013 tzca 303 27 july 2013
Parties
Appellant: Halimasania @Makinga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 July 2013
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed
Legal Topics
Right to Fair Hearing, Trial in Absentia, Identification Evidence, Application of Section 226 Criminal Procedure Act, Bail Absconding Procedures
Source Language
English
Criminal Law Criminal Procedure Right to Fair Hearing Trial in Absentia Identification Evidence Application of Section 226 Criminal Procedure Act Bail Absconding Procedures

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Parties

Halimasania @Makinga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the appellant was denied the right to be heard due to trial proceedings in his absence
  2. 2 Whether the trial court properly applied section 226 of the Criminal Procedure Act
  3. 3 Whether the conviction based on identification evidence given in the appellant's absence was valid

Ratio Decidendi

The appellant's right to a fair hearing was infringed because the trial court proceeded with the case in his absence without making sufficient efforts to trace him or ascertain the reasons for his absence, and identification evidence was given when he was not present, rendering the conviction unsafe.

Court Disposition

appeal allowed

Orders

  • appellant to be released from prison forthwith unless held for other lawful purpose
  • entire proceedings of the High Court and trial court from 6th March 1998 nullified