said salum kiwindu vs republic 2022 tzca 580 26 september 2022
Due to missing High Court proceedings and judgment, the Court cannot determine the appeal and orders nullification of High Court proceedings, quashing of judgment, setting aside sentence, and remitting for rehearing.
- Citation
- said salum kiwindu vs republic 2022 tzca 580 26 september 2022
- Parties
- Appellant: Said Salum @ Kiwindu; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 September 2022
- Procedural Posture
- Criminal Appeal / Court of Appeal Ruling on Second Appeal
- Outcome
- High Court proceedings nullified, judgment quashed, sentence set aside, case remitted for rehearing.
- Legal Topics
- Rape, Missing Court Records, Rehearing of Appeal, Nullification of Judgment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Said Salum @ Kiwindu
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Court of Appeal Ruling on Second Appeal
Legal Issues
- 1 Whether the appeal can be determined in absence of High Court judgment and proceedings
- 2 Appropriate remedy when appellate records are missing
Ratio Decidendi
Due to missing High Court proceedings and judgment, the Court cannot determine the appeal and orders nullification of High Court proceedings, quashing of judgment, setting aside sentence, and remitting for rehearing.
Court Disposition
High Court proceedings nullified, judgment quashed, sentence set aside, case remitted for rehearing.
Orders
- Invoke revisional power under section 4(2) of Appellate Jurisdiction Act, Cap 141 R.E. 2019
- Nullify High Court proceedings
Full Case Text
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