19890922 TZCA Tanga

19890922 TZCA Tanga

The appellate court found that the trial judge complied with Section 312(1) of the Criminal Procedure Act regarding the second count, but the indictment was incomplete for the charge of murder in count one, requiring remittal for completion.

Citation
19890922 TZCA Tanga
Parties
Appellant: John Samuel Dafoo; Respondent: Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 September 1989
Procedural Posture
Criminal Appeal / Appellate Judgment
Outcome
partially allowed
Legal Topics
Murder, Procedure, Indictment, Remittal
Source Language
English

Case Brief

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Parties

John Samuel Dafoo

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Appellate Judgment

  1. 1 Whether the trial court complied with mandatory provisions of Section 312(1) of the Criminal Procedure Act
  2. 2 Whether the indictment was complete for the charge of murder in count one

Ratio Decidendi

The appellate court found that the trial judge complied with Section 312(1) of the Criminal Procedure Act regarding the second count, but the indictment was incomplete for the charge of murder in count one, requiring remittal for completion.

Court Disposition

partially allowed

Orders

  • Record remitted to the learned trial judge to complete the session for determination of the pending charge in count one.