19830829 TZHC Mbeya1

19830829 TZHC Mbeya1

The absence of the relevant charge sheet makes it impossible to judge the appeal or sustain the conviction; therefore, the proceedings and judgment of the trial court are quashed.

Citation
19830829 TZHC Mbeya1
Parties
Appellant: Jonas Mkulo & Others; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 August 1983
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed. Proceedings and judgment of the trial court quashed. All accused to be set free.
Legal Topics
Shop Breaking, Stealing, Appeal Procedure, Quashing Conviction
Source Language
English

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Parties

Jonas Mkulo & Others

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 Whether the conviction can stand in absence of the relevant charge sheet

Ratio Decidendi

The absence of the relevant charge sheet makes it impossible to judge the appeal or sustain the conviction; therefore, the proceedings and judgment of the trial court are quashed.

Court Disposition

Appeal allowed. Proceedings and judgment of the trial court quashed. All accused to be set free.

Orders

  • Proceedings and judgment of the trial court quashed
  • All accused convicted thereon to be set free