ndilandekula so elias another vs republic 2013 tzhc 2115 22 may 2013

ndilandekula so elias another vs republic 2013 tzhc 2115 22 may 2013

Due to the absence of both trial and appellate records and the fact that the applicants have already served twelve years of their sentences, the court exercised its revisional powers to quash the convictions and sentences, ordering the applicants' release.

Source-derived case information.

Citation
ndilandekula so elias another vs republic 2013 tzhc 2115 22 may 2013
Parties
Applicant: Ndilandekula s/o Elias; Applicant: Nkurunziza Joseph; Applicant: Toyo Ezekiel; Applicant: Ndikumana Johasha; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 May 2013
Procedural Posture
Miscellaneous Criminal Application / Ruling on Revision
Outcome
Convictions and sentences quashed; applicants to be released unless held on other lawful charges.
Legal Topics
Revision, Robbery With Violence, Quashing of Conviction, Release From Prison
Source Language
english
Criminal Law Criminal Procedure Revision Robbery With Violence Quashing of Conviction Release From Prison

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Summary, issues, holding and outcome

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Parties

Ndilandekula s/o Elias

Applicant

Nkurunziza Joseph

Applicant

Toyo Ezekiel

Applicant

Ndikumana Johasha

Applicant

The Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Revision

Legal Issues

  1. 1 Whether the convictions and sentences should stand in absence of trial and appellate records
  2. 2 Whether a retrial should be ordered after applicants have served substantial sentence

Ratio Decidendi

Due to the absence of both trial and appellate records and the fact that the applicants have already served twelve years of their sentences, the court exercised its revisional powers to quash the convictions and sentences, ordering the applicants' release.

Court Disposition

Convictions and sentences quashed; applicants to be released unless held on other lawful charges.

Orders

  • Judgments of Kibondo District Court and Kifura Primary Court quashed
  • Sentences and orders set aside