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Tanzania decisions
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The Court of Appeal held that the trial court lacked jurisdiction to rectify its judgment while the matter was already on appeal, rendering later proceedings a nullity.
The Court found that the applicant was denied free legal assistance in a serious criminal case, violating Article 7(1)(c) of the Charter and Article 14(3) of the ICCPR. Other alleged violations, including insufficiency of evidence, absence at judgment, and delay in revision, were not established. The applicant had exhausted domestic remedies and filed within a reasonable time.
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The High Court allowed a probate appeal, finding the Primary Court lacked jurisdiction over an estate involving registered land and non-customary, non-Islamic succession.
The applicant's request for transfer of trial was not properly made to the trial magistrate, and the substitution of charges did not prejudice the applicant's defense. The trial magistrate acted within her powers under the Criminal Procedure Act, and the application for revision is dismissed.
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