19770516 TZHC Tabora
Convictions are void due to procedural irregularity; appellants were not informed of their right to recall witnesses after alteration of charge.
- Citation
- 19770516 TZHC Tabora
- Parties
- Appellant: Zuberi Rubengera; Appellant: Thomas Godyo; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 May 1977
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- convictions and sentences set aside; appellants to be released unless held on other lawful charges
- Legal Topics
- Grievous Harm, Procedural Irregularity, Alteration of Charge, Right to Recall Witnesses
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Zuberi Rubengera
Appellant
Thomas Godyo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether failure to inform appellants of their right to recall witnesses after alteration of charge invalidates conviction
- 2 Whether evidence supports conviction for grievous harm
Ratio Decidendi
Convictions are void due to procedural irregularity; appellants were not informed of their right to recall witnesses after alteration of charge.
Court Disposition
convictions and sentences set aside; appellants to be released unless held on other lawful charges
Orders
- Both appellants to be released from prison forthwith unless held on other lawful charges
Full Case Text
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