Tanzania Case Law

diaka brama kaba another vs republic 2020 tzca 1928 28 december 2020

Court

TZCA

The failure to amend or substitute the charge after the discharge of three co-accused by nolle prosequi, and to read over the amended charge to the remaining accused for a fresh plea, was a fatal irregularity that rendered the trial a nullity and occasioned a miscarriage of justice. This defect is not curable under section 388 of the CPA.

Source excerpt

• Defective charge
• Amendment of charge
• Nolle prosequi
• Fair trial
• Joinder of accused
• Duplicity in charge

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19741223 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal allowed the State’s appeal and set aside an order for separate trials, holding that joinder or severance must follow the Criminal Procedure Code.

• Joinder of accused
• Separate trials
• Fraudulent false accounting
• Case management
• Joinder-of-accused
• Separate-trials

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