republic vs francis lijenga 2019 tzca 296 9 september 2019
Failure to read over and explain the memorandum of undisputed facts to the accused as required by section 192(3) of the Criminal Procedure Act renders the preliminary hearing proceedings null and void.
- Citation
- republic vs francis lijenga 2019 tzca 296 9 september 2019
- Parties
- Applicant: The Republic; Respondent: Francis Lijenga
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 9 September 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- preliminary hearing proceedings nullified; transfer order vacated; matter remitted to High Court for reassignment
- Legal Topics
- Preliminary Hearing, Extended Jurisdiction, Murder, Procedural Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Republic
Applicant
Francis Lijenga
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the memorandum of undisputed facts was properly read and explained to the accused as required by law
- 2 Consequences of non-compliance with section 192(3) of the Criminal Procedure Act
Ratio Decidendi
Failure to read over and explain the memorandum of undisputed facts to the accused as required by section 192(3) of the Criminal Procedure Act renders the preliminary hearing proceedings null and void.
Court Disposition
preliminary hearing proceedings nullified; transfer order vacated; matter remitted to High Court for reassignment
Orders
- Nullify entire preliminary hearing proceedings
- Vacate and set aside transfer order dated 4th August 2014
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