19730414 TZHC Arusha2
A retrial is the fairest and most just solution when substantial portions of the trial record are destroyed, preventing a proper appeal.
- Citation
- 19730414 TZHC Arusha2
- Parties
- Appellant: Robert Nderasio; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 April 1973
- Procedural Posture
- Criminal Appeal / Appeal Judgment
- Outcome
- appeal allowed
- Legal Topics
- Retrial, Loss of Court Records, Stealing by Public Servant
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Parties
Robert Nderasio
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Judgment
Legal Issues
- 1 Whether a retrial should be ordered when court records are destroyed before appeal hearing
- 2 Appropriate remedy when evidence is missing due to fire
Ratio Decidendi
A retrial is the fairest and most just solution when substantial portions of the trial record are destroyed, preventing a proper appeal.
Court Disposition
appeal allowed
Orders
- conviction and sentence quashed
- retrial ordered
Full Case Text
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