makoye masanya others vs republic 2015 tzca 397 7 december 2015

makoye masanya others vs republic 2015 tzca 397 7 december 2015

Omission of 'unlawful' in particulars of offence rendered the charge incurably defective, vitiating the trial and appellate proceedings; no injustice shown regarding territorial jurisdiction.

Source-derived case information.

Citation
makoye masanya others vs republic 2015 tzca 397 7 december 2015
Parties
Appellant: Makoye Masanya; Appellant: Ngusa Bukalasa; Appellant: Emmanuel James @ Budolo; Appellant: Michael Magembe Ngeke @ Nyanza; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 December 2015
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; conviction and sentence quashed; retrial ordered.
Legal Topics
Defective Charge Sheet, Territorial Jurisdiction, Unlawful Possession of Government Trophy, Fair Trial
Source Language
english
Criminal Law Defective Charge Sheet Territorial Jurisdiction Unlawful Possession of Government Trophy Fair Trial

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Summary, issues, holding and outcome

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Parties

Makoye Masanya

Appellant

Ngusa Bukalasa

Appellant

Emmanuel James @ Budolo

Appellant

Michael Magembe Ngeke @ Nyanza

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial court had territorial jurisdiction to try the case
  2. 2 Whether the charge sheet was defective and warranted a lawful trial

Ratio Decidendi

Omission of 'unlawful' in particulars of offence rendered the charge incurably defective, vitiating the trial and appellate proceedings; no injustice shown regarding territorial jurisdiction.

Court Disposition

Appeal allowed; conviction and sentence quashed; retrial ordered.

Orders

  • Proceedings of trial court and judgment of first appellate court quashed
  • Sentence set aside