malando so charles madwilu vs republic 2019 tzca 473 12 december 2019
Failure to record evidence in narrative form as required by section 210(1)(b) of the Criminal Procedure Act vitiates the proceedings, rendering both trial and appellate judgments nullities and necessitating a retrial.
- Citation
- malando so charles madwilu vs republic 2019 tzca 473 12 december 2019
- Parties
- Appellant: Malan do s/o Charles @ Madwilu; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 12 December 2019
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Recording of Evidence, Procedural Irregularity, Retrial
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Malan do s/o Charles @ Madwilu
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the trial magistrate complied with section 210(1)(b) of the Criminal Procedure Act in recording evidence
- 2 Whether the proceedings and judgment of the trial and first appellate courts are valid
Ratio Decidendi
Failure to record evidence in narrative form as required by section 210(1)(b) of the Criminal Procedure Act vitiates the proceedings, rendering both trial and appellate judgments nullities and necessitating a retrial.
Court Disposition
appeal allowed
Orders
- Proceedings and judgment of the trial court nullified.
- Conviction quashed and sentence set aside.
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