19951220 TZHC Dar es Salaam
The appellant's right to counsel was not afforded due to the hurried proceedings and inability to cross-examine witnesses; justice was neither done nor seen to be done, warranting a fresh trial.
Source-derived case information.
- Citation
- 19951220 TZHC Dar es Salaam
- Parties
- Appellant: Joakim Kingo'ta; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 December 1995
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Right to Counsel, Recall of Witnesses, Fair Trial
- Source Language
- english
Criminal Law Criminal Procedure Right to Counsel Recall of Witnesses Fair Trial
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joakim Kingo'ta
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's right to counsel was denied by refusal to recall prosecution witnesses for cross-examination
- 2 Whether the discretion under section 147(4) of the Evidence Act was exercised judiciously
Ratio Decidendi
The appellant's right to counsel was not afforded due to the hurried proceedings and inability to cross-examine witnesses; justice was neither done nor seen to be done, warranting a fresh trial.
Court Disposition
appeal allowed
Orders
- Case to be heard de novo before another magistrate of competent jurisdiction.
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