19891108 TZHC Dar es Salaam

There is no evidence connecting either accused to the assault or death of the deceased; therefore, no case is made out against them sufficient to require a defence.

Citation: 19891108 TZHC Dar es Salaam
Parties: Prosecution: The Republic; Accused: Hamisi Propela Saluh; Accused: Mohamed Mzee Kaisi
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 November 1989
Procedural Posture: Criminal / Ruling on Prima Facie Case/no Case to Answer
Outcome: both accused found not guilty; no case to answer
Legal Topics: Prima Facie Case, No Case to Answer, Section 293(1) Criminal Procedure
Source Language: English

Criminal Law Prima Facie Case No Case to Answer Section 293(1) Criminal Procedure

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Parties

The Republic

Prosecution

Hamisi Propela Saluh

Accused

Mohamed Mzee Kaisi

Accused

Procedural Posture

Criminal / Ruling on Prima Facie Case/no Case to Answer

Legal Issues

1 Whether there is a prima facie case requiring the accused to make their defence
2 Whether evidence connects accused to the assault and death of the deceased

Ratio Decidendi

There is no evidence connecting either accused to the assault or death of the deceased; therefore, no case is made out against them sufficient to require a defence.

Court Disposition

both accused found not guilty; no case to answer

Orders

Both accused acquitted under section 293(1) of the Criminal Procedure Code