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Tanzania decisions
Decisions matching the current search
The High Court allowed a criminal appeal after finding the appellant was denied legal representation, quashing the conviction and ordering retrial.
The African Court found Tanzania violated the Applicant’s right to free legal assistance in a rape case, but rejected claims about the conviction and sentence.
The High Court held there was no conflict of interest disqualifying Abrasen & Co. Advocates, because the partner involved had not acted for the respondent and disciplinary proceedings were administrative.
Land appeal allowed in part after the High Court found procedural irregularity in execution proceedings before the Shinyanga DLHT and ordered a retrial.
The TLS public statement does not bind its members in their professional conduct or create a conflict of interest that would disqualify them from representing the accused; the right to legal representation is constitutional and cannot be ousted by such a statement; no illegality, impropriety, or irregularity was disclosed to warrant revision or disqualification.
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The Respondent State violated the Applicant's right to a fair trial under Article 7(1)(c) of the Charter, as read with Article 14(3)(d) of the ICCPR, by failing to provide free legal assistance to the Applicant, an indigent person facing a serious criminal charge. The Applicant failed to prove violations of non-discrimination and equal protection of the law. The Applicant exhausted local remedies, and the Application was admissible.
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Denial of adjournment for newly engaged advocate and proceeding with hearing in absence of appellant's advocate constituted denial of fair hearing and legal representation, rendering the trial defective and conviction a nullity.
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The High Court allowed a criminal appeal, quashed a conviction for unlawful possession of government trophies, and ordered the appellant’s immediate release.
The African Court found Tanzania violated John Mwita’s rights to liberty and free legal assistance, but not his rights to be heard or to equality.
The ground raised by the applicants seeks to re-assess evidence and is an appeal in disguise; the court is functus officio and lacks jurisdiction to review its own decision in these circumstances.
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