20140716 TZCA Dar es Salaam

20140716 TZCA Dar es Salaam

The predecessor judge (Msuya, J.) acted improperly and without legal authority by withdrawing from the case and ordering a trial de novo before delivering the pending ruling. Only the successor judge has the statutory power to make such orders under section 299 of the Criminal Procedure Act. The correct procedure required the predecessor judge to deliver the ruling and, if necessary, withdraw thereafter, allowing the successor judge to determine further steps.

Citation
20140716 TZCA Dar es Salaam
Parties
Appellant/prosecution: The Republic; Respondent/accused: Amani Elineema Mmari @ Regani; Respondent/accused: Wilbard Giliard Makombe @ Elia; Respondent/accused: Godfrey Peter Salum @ Godii
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 July 2014
Procedural Posture
Criminal Revision / Appellate Review of High Court Procedural Order
Outcome
Predecessor judge's order set aside; directions issued for proper procedure.
Legal Topics
Murder, Trial Procedure, Judicial Withdrawal, Retrial, Section 299 Criminal Procedure Act
Source Language
English
Criminal Law Criminal Procedure Murder Trial Procedure Judicial Withdrawal Retrial Section 299 Criminal Procedure Act

Case Brief

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Parties

The Republic

Appellant/prosecution

Amani Elineema Mmari @ Regani

Respondent/accused

Wilbard Giliard Makombe @ Elia

Respondent/accused

Godfrey Peter Salum @ Godii

Respondent/accused

Procedural Posture

Criminal Revision / Appellate Review of High Court Procedural Order

Legal Issues

  1. 1 Whether the predecessor judge (Msuya, J.) was legally competent to withdraw from the case and order a trial de novo before delivering the ruling on case to answer
  2. 2 Whether the procedure adopted complied with section 299 of the Criminal Procedure Act, Cap 20

Ratio Decidendi

The predecessor judge (Msuya, J.) acted improperly and without legal authority by withdrawing from the case and ordering a trial de novo before delivering the pending ruling. Only the successor judge has the statutory power to make such orders under section 299 of the Criminal Procedure Act. The correct procedure required the predecessor judge to deliver the ruling and, if necessary, withdraw thereafter, allowing the successor judge to determine further steps.

Court Disposition

Predecessor judge's order set aside; directions issued for proper procedure.

Orders

  • Record to be placed before Msuya, J. to deliver the pending ruling.
  • If Msuya, J. finds good cause to withdraw after delivering the ruling, she must do so in compliance with legal procedure.