19960313 TZHC Dar es Salaam

19960313 TZHC Dar es Salaam

The trial court erred in law by acquitting the respondent under s.222 of the CPA instead of discharging him under s.8(1) of the Extradition Ordinance; the acquittal is set aside and replaced with an order of discharge.

Source-derived case information.

Citation
19960313 TZHC Dar es Salaam
Parties
Appellant: The Republic; Respondent: Jagjit Singh Sahota
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 March 1996
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Extradition Proceedings, Dismissal for Non Appearance, Acquittal Versus Discharge
Source Language
english
Criminal Law Extradition Law Extradition Proceedings Dismissal for Non Appearance Acquittal Versus Discharge

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Parties

The Republic

Appellant

Jagjit Singh Sahota

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in dismissing the extradition application and acquitting the respondent under s.222 of the CPA instead of discharging him under s.8(1) of the Extradition Ordinance

Ratio Decidendi

The trial court erred in law by acquitting the respondent under s.222 of the CPA instead of discharging him under s.8(1) of the Extradition Ordinance; the acquittal is set aside and replaced with an order of discharge.

Court Disposition

appeal allowed in part

Orders

  • Order of acquittal set aside
  • Respondent discharged under s.8(1) of the Extradition Ordinance Cap. 585