said shabani vs republic 2018 tzca 202 27 september 2018

said shabani vs republic 2018 tzca 202 27 september 2018

The court found that sufficient efforts had been made to trace the missing record and that further adjournment would be unfair to the appellant, thus the matter should proceed to hearing on the merits of the notice.

Citation
said shabani vs republic 2018 tzca 202 27 september 2018
Parties
Appellant: Said Shabani; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 September 2018
Procedural Posture
Criminal Appeal / Preliminary Hearing on Missing Record and Adjournment
Outcome
Adjournment denied; matter to proceed to hearing on merits of notice.
Legal Topics
Manslaughter, Missing Court Record, Right to Appeal, Fair Trial
Source Language
English
Criminal Law Appellate Procedure Manslaughter Missing Court Record Right to Appeal Fair Trial

Case Brief

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Parties

Said Shabani

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Preliminary Hearing on Missing Record and Adjournment

Legal Issues

  1. 1 Whether sufficient efforts have been made to trace the missing trial court record
  2. 2 Whether further adjournment is justified in the circumstances
  3. 3 Whether the appellant's right to fair administration of justice is being violated by continued delay

Ratio Decidendi

The court found that sufficient efforts had been made to trace the missing record and that further adjournment would be unfair to the appellant, thus the matter should proceed to hearing on the merits of the notice.

Court Disposition

Adjournment denied; matter to proceed to hearing on merits of notice.

Orders

  • Matter to come up on 10.10.2018 for hearing of the matters expressed in the notice.