20091020 TZHC Dodoma

Any transfer of a case for trial from the High Court to a Resident Magistrate with Extended Jurisdiction must occur before plea taking and preliminary hearing; proceedings conducted after an irregular transfer are a nullity and must be struck out.

Citation: 20091020 TZHC Dodoma
Parties: Appellant: Hamis Mchachali; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 October 2009
Procedural Posture: Criminal Appeal / Appeal From Conviction and Sentence After Trial
Outcome: proceedings after transfer struck out; case remitted for trial
Legal Topics: Murder, Jurisdiction, Transfer of Cases, Procedural Irregularity
Source Language: English

Criminal Law Criminal Procedure Murder Jurisdiction Transfer of Cases Procedural Irregularity

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Parties

Hamis Mchachali

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence After Trial

Legal Issues

1 Whether the transfer of the case from the High Court to a Resident Magistrate with Extended Jurisdiction after plea and preliminary hearing was a procedural irregularity rendering the proceedings a nullity

Ratio Decidendi

Court Disposition

proceedings after transfer struck out; case remitted for trial

Orders

All proceedings after the transfer to the Resident Magistrate with Extended Jurisdiction are struck out as a nullity.
The High Court at Dodoma is directed to proceed with the trial from the stage reached after plea taking and preliminary hearing.