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
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Parties
Jonas Mkulo & Others
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 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
Full Case Text
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