Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The High Court dismissed an application to set aside a dismissal order, holding that the applicant did not show sufficient cause for non-appearance despite claiming illness.
The trial Judge erred by dismissing the charge and discharging the accused without affording the parties the right to be heard on the issue, constituting a breach of the right to a fair hearing and natural justice, which necessitated nullification of the proceedings and a retrial.
Source excerpt
The Court of Appeal held that the High Court had no power to withdraw the criminal case and order no rearrest, and that the parties were denied a fair hearing.
The High Court at Arusha dismissed an application to restore a previously dismissed matter, finding no sufficient cause for the parties’ non-appearance and awarding costs.
The subordinate court erred in acquitting the respondents under section 225(4) of the Criminal Procedure Act, 1985, as the law only allows for discharge, not acquittal, after 60 days without a certificate. Further, a preliminary hearing is not a hearing of the charge under section 222. The proceedings were not rendered a nullity as no miscarriage of justice was shown. The lower court failed to exercise its discretion judiciously.
Source excerpt
Explore more
