19741118 TZHC Dodoma
The appeal is allowed because the lower court record is lost, making it impossible to judge the merits of the conviction.
- Citation
- 19741118 TZHC Dodoma
- Parties
- Appellant: Michael Ndimbo; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 November 1974
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Stealing by Public Servant, Loss of Court Records, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Michael Ndimbo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction can stand when the lower court record is lost and cannot be reconstructed
Ratio Decidendi
The appeal is allowed because the lower court record is lost, making it impossible to judge the merits of the conviction.
Court Disposition
appeal allowed
Orders
- conviction quashed
- accused released from custody
Full Case Text
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