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The High Court quashed proceedings after finding the CMA record missing and unreconstructable, and granted leave to refile the labour dispute within seven weeks.
The appellate tribunal erred by not following the proper procedure of involving parties to reconstruct missing records and not requiring an affidavit from the trial tribunal before nullifying proceedings; thus, the order of the appellate tribunal is quashed and the matter remitted for proper procedure.
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The Court of Appeal quashed an armed robbery conviction after missing records could not be reconstructed and the appellant had served most of his sentence.
The Court of Appeal adjourned a criminal application and ordered tracing and possible reconstruction of a missing record of appeal from Mwanza.
Due to irretrievable loss of records and inability to reconstruct them, coupled with the appellant's lengthy incarceration, the court invoked its revisional powers to quash the proceedings, conviction, and sentence, and ordered immediate release.
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The High Court quashed a conviction and set aside the unserved sentence after finding the original record was missing, irretrievable, and appeal rights had been frustrated.
The Court of Appeal adjourned this criminal appeal after finding the trial and first appellate records missing and directing reconstruction of the record.
The Court of Appeal adjourned a criminal appeal because the trial and first appeal records were missing and the appeal record had not been properly reconstructed.
The appeal cannot proceed without the trial court record, which is a mandatory component of the record of appeal. The Deputy Registrar must make concrete efforts to reconstruct or restore the missing record, including sourcing from the Office of the Director of Public Prosecutions and other relevant agencies, before the appeal can be heard.
Source excerpt
The Court of Appeal addressed a criminal appeal where key trial and first appellate records were missing, holding the appeal incompetent because the record could not be properly reconstructed.
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