20180510 TZCA Dar es Salaam2

Wrong citation of statutory provision in committal order is not fatal if the court had jurisdiction; such errors are curable under S.388 of the Criminal Procedure Act. The proceedings are valid and should continue.

Source-derived case information.

Citation: 20180510 TZCA Dar es Salaam2
Parties: Applicant: The Republic; Respondent: Ibrati Makombe
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 10 May 2018
Procedural Posture: Criminal Revision / Court of Appeal Ruling on High Court Referral
Outcome: Record remitted to High Court for continuation of hearing; revisional powers not exercised.
Legal Topics: Committal Proceedings, Jurisdiction, Procedural Defects
Source Language: english

Criminal Law Criminal Procedure Committal Proceedings Jurisdiction Procedural Defects

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2

Parties

The Republic

Applicant

Ibrati Makombe

Respondent

Procedural Posture

Criminal Revision / Court of Appeal Ruling on High Court Referral

Legal Issues

1 Whether wrong citation of statutory provision in committal order vitiates proceedings
2 Whether procedural errors in reading witness statements are fatal to trial

Ratio Decidendi

Court Disposition

Record remitted to High Court for continuation of hearing; revisional powers not exercised.

Orders

Record remitted to trial High Court to proceed with hearing of the case

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