NASORO SO MUSSA VS REPUBLIC CRIMINAL APPEAL NO

NASORO SO MUSSA VS REPUBLIC CRIMINAL APPEAL NO

The appeal cannot proceed without the trial court record, which is a mandatory component of the record of appeal. The Deputy Registrar must make concrete efforts to reconstruct or restore the missing record, including sourcing from the Office of the Director of Public Prosecutions and other relevant agencies, before the appeal can be heard.

Citation
NASORO SO MUSSA VS REPUBLIC CRIMINAL APPEAL NO
Parties
Appellant: Nasoro s/o Mussa; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Criminal Appeal / Adjournment Pending Reconstruction of Trial Record
Outcome
Adjourned
Legal Topics
Rape, Missing Court Records, Reconstruction of Records, Appellate Practice
Source Language
English
Criminal Law Appellate Procedure Rape Missing Court Records Reconstruction of Records Appellate Practice

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Parties

Nasoro s/o Mussa

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Adjournment Pending Reconstruction of Trial Record

Legal Issues

  1. 1 Whether the appeal can proceed in the absence of the trial court record
  2. 2 What steps should be taken when court records are missing in a criminal appeal

Ratio Decidendi

The appeal cannot proceed without the trial court record, which is a mandatory component of the record of appeal. The Deputy Registrar must make concrete efforts to reconstruct or restore the missing record, including sourcing from the Office of the Director of Public Prosecutions and other relevant agencies, before the appeal can be heard.

Court Disposition

Adjourned

Orders

  • Hearing of the appeal is adjourned to a date to be fixed by the Registrar after obtaining copies of the missing trial court record from the Office of the Director of Public Prosecutions (Tabora Zone).