19880226 TZCA Dar es Salaam
The Court determined that the interests of justice required the taking of additional evidence on specific factual matters before a final decision on the appeal could be made.
- Citation
- 19880226 TZCA Dar es Salaam
- Parties
- Appellant: The Republic; Respondent: Fredrick Kisiriga
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 February 1988
- Procedural Posture
- Criminal Appeal / Interlocutory Order for Additional Evidence Pending Final Determination
- Outcome
- Order for additional evidence; appeal not finally determined
- Legal Topics
- Murder, Acquittal, Additional Evidence, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Appellant
Fredrick Kisiriga
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Order for Additional Evidence Pending Final Determination
Legal Issues
- 1 Whether the acquittal of the respondent for murder was justified based on the evidence on record
- 2 Whether additional evidence is necessary for the just determination of the appeal
Ratio Decidendi
The Court determined that the interests of justice required the taking of additional evidence on specific factual matters before a final decision on the appeal could be made.
Court Disposition
Order for additional evidence; appeal not finally determined
Orders
- Trial court to take additional evidence on specified matters and certify it to the Court of Appeal
- Record to be returned for final determination after additional evidence is taken
Full Case Text
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