20180815 TZHC Dodoma

20180815 TZHC Dodoma

The Trial Court has no power to order retrial if the charge is found defective after trial; it must order amendment of the charge and follow procedures under Section 234 (2)-(4) of the Criminal Procedure Act.

Source-derived case information.

Citation
20180815 TZHC Dodoma
Parties
Appellant: Rukia Issa @ Marusu; Appellant: Ahmed Mussa @ Kiduka; Appellant: Ismail Issa @ Marusu; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 August 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
order of retrial vacated; amendment of charge ordered
Legal Topics
Defective Charge, Retrial, Amendment of Charge, Procedure Under Criminal Procedure Act
Source Language
english
Criminal Law Defective Charge Retrial Amendment of Charge Procedure Under Criminal Procedure Act

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Parties

Rukia Issa @ Marusu

Appellant

Ahmed Mussa @ Kiduka

Appellant

Ismail Issa @ Marusu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the Trial Magistrate had power to order retrial after finding the charge defective
  2. 2 Proper procedure when a charge is found defective after trial

Ratio Decidendi

The Trial Court has no power to order retrial if the charge is found defective after trial; it must order amendment of the charge and follow procedures under Section 234 (2)-(4) of the Criminal Procedure Act.

Court Disposition

order of retrial vacated; amendment of charge ordered

Orders

  • The order of retrial is vacated.
  • The charge is to be amended.