20180927 TZCA Arusha
Enough efforts have been made to trace the missing trial record; further adjournment would be unfair to the appellant and contrary to the principle of fair administration of justice.
- Citation
- 20180927 TZCA Arusha
- Parties
- Appellant: Said Shabani; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 September 2018
- Procedural Posture
- Criminal Appeal / Pre Hearing; Ruling on Adjournment and Record Tracing
- Outcome
- Adjournment denied; matter set for hearing on merits of notice.
- Legal Topics
- Manslaughter, Missing Trial Record, Fair Administration of Justice, Adjournment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Parties
Said Shabani
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Pre Hearing; Ruling on Adjournment and Record Tracing
Legal Issues
- 1 Whether further adjournment is proper given missing trial record
- 2 Whether sufficient efforts have been made to trace the trial record
- 3 Whether continued adjournment violates fair administration of justice
Ratio Decidendi
Enough efforts have been made to trace the missing trial record; further adjournment would be unfair to the appellant and contrary to the principle of fair administration of justice.
Court Disposition
Adjournment denied; matter set for hearing on merits of notice.
Orders
- Matter to come up for hearing on 10.10.2018 regarding relief sought in notice.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment