republic vs abdallah salum haji 2019 tzca 297 10 september 2019

Non-compliance with Section 192(3) of the Criminal Procedure Act in the conduct of the preliminary hearing constitutes a fundamental procedural irregularity, requiring nullification of the proceedings and a fresh preliminary hearing.

Citation: republic vs abdallah salum haji 2019 tzca 297 10 september 2019
Parties: Applicant: The Republic; Respondent: Abdallah Salum @ Haji
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 10 September 2019
Procedural Posture: Criminal Revision / Ruling
Outcome: Preliminary hearing proceedings nullified, quashed and set aside; trial to begin afresh at the stage of preliminary hearing.
Legal Topics: Preliminary Hearing, Procedural Irregularity, Compliance With Criminal Procedure Act
Source Language: English

Criminal Law Criminal Procedure Preliminary Hearing Procedural Irregularity Compliance With Criminal Procedure Act

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Parties

The Republic

Applicant

Abdallah Salum @ Haji

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

1 Whether the conduct of the Preliminary Hearing in Criminal Sessions Case No. 19 of 2013 complied with Section 192(3) of the Criminal Procedure Act
2 Consequences of non-compliance with mandatory procedural requirements

Ratio Decidendi

Court Disposition

Preliminary hearing proceedings nullified, quashed and set aside; trial to begin afresh at the stage of preliminary hearing.

Orders

Entire preliminary hearing proceedings in Criminal Sessions Case No. 19 of 2013 at pages 58 and 59 of the record of appeal are nullified, quashed and set aside.
Trial in Criminal Sessions Case No. 19 of 2013 to begin afresh at the stage of preliminary hearing.