republic vs twalibu ubwa 2007 tzhc 306 27 may 2007

The trial court wrongly acquitted the respondent solely on the ground of delay, which was not justified by law or fact, as the period was not long and the law does not permit acquittal on this basis.

Citation: republic vs twalibu ubwa 2007 tzhc 306 27 may 2007
Parties: Applicant: Republic; Respondent: Twalibu Ubwa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 May 2007
Procedural Posture: Criminal Revision / Ruling
Outcome: application allowed
Legal Topics: Acquittal, Delay in Criminal Trials, Inherent Powers of Court, Revision of Acquittal, Adjournment of Criminal Cases
Source Language: English

Criminal Law Criminal Procedure Acquittal Delay in Criminal Trials Inherent Powers of Court Revision of Acquittal Adjournment of Criminal Cases

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Parties

Republic

Applicant

Twalibu Ubwa

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

1 Whether the acquittal of the respondent by the District Court of Temeke was correct and proper

Ratio Decidendi

The trial court wrongly acquitted the respondent solely on the ground of delay, which was not justified by law or fact, as the period was not long and the law does not permit acquittal on this basis.

Court Disposition

application allowed

Orders

Criminal Case file No. 150 of 2003 to be returned to the District Court of Temeke to continue with proceedings against the respondent.
Trial to continue before another magistrate with competent jurisdiction.