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Tanzania decisions
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The absence of a specific transfer order to the magistrate who heard and determined the appeal rendered the proceedings a nullity for want of jurisdiction.
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The resident magistrate court lacked jurisdiction to entertain the taxation cause as it arose from a matter determined by magistrate with extended jurisdiction; proceedings and orders of the resident magistrate court are nullified; leave granted to applicant to file bill of costs before the High Court within 14 days.
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The High Court lacks jurisdiction to restore an appeal dismissed by the Resident Magistrate with extended jurisdiction; such application must be filed before the court that dismissed the appeal.
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The Court of Appeal upheld a rape conviction, but quashed a 30-year sentence as unlawful because the appellant was 18 and a first offender.
The initial transfer of the case to the Resident Magistrate with Extended Jurisdiction was made under the wrong statutory provision, rendering the proceedings, judgment, and orders of the trial court null and void. The interests of justice require a retrial before a properly constituted court.
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After a case is transferred and assigned to a magistrate with extended jurisdiction, any subsequent transfer to another magistrate without clear reasons on record is unlawful, rendering all proceedings and orders by the latter magistrate invalid.
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The trial court lacked jurisdiction as the Senior Resident Magistrate presided outside the territorial jurisdiction specified in the transfer order; proceedings are a nullity and must be quashed.
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The Court of Appeal of Tanzania upheld a life sentence for possession of heroin, finding the appellant occupied or controlled the room where drugs were found.
The absence of a transfer order from the High Court to the Senior Resident Magistrates with extended jurisdiction rendered the entire proceedings, conviction, and sentence a nullity as the magistrates lacked jurisdiction under section 256A of the Criminal Procedure Act; the overriding objective principle cannot cure this fundamental procedural defect.
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The purported transfer of Criminal Appeal No. 68 of 2020 from the High Court to the Resident Magistrate's Court was invalid as it invoked the wrong statutory provision and failed to assign the appeal properly; all proceedings and judgment by S. B. Nsana, SRM with Extended Jurisdiction, are a nullity.
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