republic vs ubwa 2005 tzhc 28 27 may 2005

republic vs ubwa 2005 tzhc 28 27 may 2005

The trial court erred in acquitting the Respondent solely on the ground of delay, as the period was not unduly long and the law does not permit acquittal on such grounds; the proper procedure would have been discharge under specific statutory provisions, not acquittal.

Citation
republic vs ubwa 2005 tzhc 28 27 may 2005
Parties
Applicant: Republic; Respondent: Twalibu Ubwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 May 2005
Procedural Posture
Criminal Revision / High Court Revision of District Court Acquittal
Outcome
Application allowed; acquittal set aside; case remitted for continuation of trial before another magistrate.
Legal Topics
Acquittal, Delay in Criminal Trial, Inherent Powers of Court, Discharge of Accused, Revisionary Jurisdiction
Source Language
English
Criminal Law Criminal Procedure Acquittal Delay in Criminal Trial Inherent Powers of Court Discharge of Accused Revisionary Jurisdiction

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Parties

Republic

Applicant

Twalibu Ubwa

Respondent

Procedural Posture

Criminal Revision / High Court Revision of District Court Acquittal

Legal Issues

  1. 1 Whether the acquittal of the Respondent by the District Court on grounds of delay was correct and proper

Ratio Decidendi

The trial court erred in acquitting the Respondent solely on the ground of delay, as the period was not unduly long and the law does not permit acquittal on such grounds; the proper procedure would have been discharge under specific statutory provisions, not acquittal.

Court Disposition

Application allowed; acquittal set aside; case remitted for continuation of trial before another magistrate.

Orders

  • Criminal Case No.150 of 2003 to be returned to the District Court of Temeke for continuation of proceedings against the Respondent before another magistrate with competent jurisdiction.