mashaka marwa vs republic 2022 tzca 252 9 may 2022

The absence of the charge sheet, a mandatory document, renders the record of appeal incomplete and necessitates adjournment of the hearing until a supplementary record is provided.

Citation: mashaka marwa vs republic 2022 tzca 252 9 may 2022
Parties: Appellant: Mashaka Marwa; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 9 May 2022
Procedural Posture: Criminal Appeal / Adjournment Ruling Prior to Hearing
Outcome: adjourned
Legal Topics: Rape, Record of Appeal, Mandatory Documents, Adjournment
Source Language: English

Criminal Law Appellate Procedure Rape Record of Appeal Mandatory Documents Adjournment

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Parties

Mashaka Marwa

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Adjournment Ruling Prior to Hearing

Legal Issues

1 Whether the absence of the charge sheet in the record of appeal renders the appeal incompetent and necessitates adjournment

Ratio Decidendi

The absence of the charge sheet, a mandatory document, renders the record of appeal incomplete and necessitates adjournment of the hearing until a supplementary record is provided.

Court Disposition

adjourned

Orders

Hearing of the appeal is adjourned to a date to be scheduled by the Registrar.
Deputy Registrar of the High Court, Mwanza Registry, is directed to furnish the appellant with a supplementary record including the charge sheet.