yusuph so mbululo vs republic 2021 tzca 140 28 april 2021

yusuph so mbululo vs republic 2021 tzca 140 28 april 2021

It is premature to conclude the trial court record is irretrievable or cannot be reconstructed; a coordinated and exhaustive effort involving all stakeholders must be made to retrieve or reconstruct the missing record before the appeal can proceed.

Source-derived case information.

Citation
yusuph so mbululo vs republic 2021 tzca 140 28 april 2021
Parties
Appellant: Yusuph s/o Mbululo; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 April 2021
Procedural Posture
Criminal Appeal / Interlocutory Ruling on Missing Trial Record
Outcome
Hearing of the appeal adjourned; orders issued for retrieval or reconstruction of trial court record.
Legal Topics
Appeal Procedure, Missing Court Records, Right to Fair Hearing
Source Language
english
Criminal Law Criminal Procedure Appeal Procedure Missing Court Records Right to Fair Hearing

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Summary, issues, holding and outcome

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Parties

Yusuph s/o Mbululo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Ruling on Missing Trial Record

Legal Issues

  1. 1 Whether the appeal can proceed in absence of the trial court record
  2. 2 What steps should be taken to retrieve or reconstruct the missing record

Ratio Decidendi

It is premature to conclude the trial court record is irretrievable or cannot be reconstructed; a coordinated and exhaustive effort involving all stakeholders must be made to retrieve or reconstruct the missing record before the appeal can proceed.

Court Disposition

Hearing of the appeal adjourned; orders issued for retrieval or reconstruction of trial court record.

Orders

  • Deputy Registrar, High Court, District Registry at Songea to prepare the record of appeal in accordance with Rule 71(2) within sixty days.
  • If the trial court record is proven lost or destroyed, Deputy Registrar at Songea, in collaboration with Iringa and Mbeya registries, to make exhaustive effort to reconstruct the record involving all stakeholders (appellant, DPP offices, Police, Prison Department, National Archives).