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
Summary, issues, holding and outcome
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Parties
John Samuel Dafoo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appellate Judgment
Legal Issues
- 1 Whether the trial court complied with mandatory provisions of Section 312(1) of the Criminal Procedure Act
- 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.
Full Case Text
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