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Tanzania decisions
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The Court of Appeal of Tanzania granted leave to amend a memorandum of appeal to add jurisdictional grounds challenging the trial court's authority and constitution.
A Tanzanian criminal appeal was allowed after the Court of Appeal found the trial court was improperly constituted, making the proceedings a nullity and barring retrial.
The trial was a nullity as the Senior District Magistrate had no jurisdiction to try the case in the Resident Magistrates' Court, rendering the proceedings invalid and not curable. A retrial was not ordered due to insufficient evidence and to prevent the prosecution from filling evidentiary gaps.
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The trial, conviction, and sentence are null and void as the District Magistrate had no jurisdiction to preside over the Resident Magistrate's Court; thus, the proceedings are quashed and the appellant is to be set free.
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The High Court held that irregular substitution of primary court assessors made the trial and first appeal proceedings a nullity, and allowed the appeal.
The High Court quashed an ex parte order and judgment made by a District Magistrate in a Resident Magistrate’s Court file, holding the court was not duly constituted.
The High Court held that a magistrate lacking the proper designation could not constitute the court. The proceedings were declared a nullity and ordered to start afresh.
Non-compliance with the statutory requirements for summing up to lay members and requiring their opinions under the Economic and Organized Crime Control Act renders the proceedings null and void.
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