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Tanzania Case Law

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Criminal law ibrahim hassan kahogo augustine waduma vs republic 2022 tzhc 15429 21 december 2022

ibrahim hassan kahogo augustine waduma vs republic 2022 tzhc 15429 21 december 2022

The High Court nullified a criminal trial after finding the successor magistrate was substituted without compliance with section 214(1) of the Criminal Procedure Act.

  • Magistrate succession
  • Procedural irregularity
  • Retrial
  • Nullification of proceedings
  • Criminal-appeal
  • Magistrate-succession
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Criminal law deus so yusuph and another vs republic 2020 tzhc 816 29 april 2020

deus so yusuph and another vs republic 2020 tzhc 816 29 april 2020

The trial was a nullity due to the successor magistrate's failure to record reasons for taking over the case as required by section 214(1) of the CPA, and the trial magistrate's failure to consider the defence case in the judgment. These procedural errors vitiated the conviction and sentence, warranting quashing of the judgment and immediate release of the appellants.

  • Obtaining money by false pretence
  • Conspiracy to commit an offence
  • Personation
  • Magistrate succession
  • Judicial procedure
  • Evaluation of evidence
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Criminal law 20191107 TZCA Mtwara

20191107 TZCA Mtwara

The Court of Appeal quashed the trial proceedings for failure to comply with section 214(2)(a) of the Criminal Procedure Act and ordered a retrial.

  • Rape
  • Fair trial
  • Magistrate succession
  • Procedural irregularity
  • Criminal-procedure
  • Fair-trial
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Criminal law 20180329 TZCA Dar es salaam3

20180329 TZCA Dar es salaam3

The Court of Appeal quashed a conviction for armed robbery after finding the successor magistrate failed to comply with section 214(1) of the Criminal Procedure Act.

  • Armed robbery
  • Magistrate succession
  • Fair trial
  • Nullity of proceedings
  • Criminal-appeal
  • Armed-robbery
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Criminal law 20180305 TZCA Dodoma

20180305 TZCA Dodoma

Failure to comply with section 214(1) of the CPA by not recording reasons for reassignment renders all subsequent proceedings a nullity.

  • Armed robbery
  • Procedural irregularity
  • Magistrate succession
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Criminal law abdallah said akilimali vs republic 2015 tzca 268 12 october 2015

abdallah said akilimali vs republic 2015 tzca 268 12 october 2015

The Court of Appeal quashed a criminal conviction after a successor magistrate delivered judgment without stating reasons for taking over the trial.

  • Unnatural offence
  • Fair trial
  • Judicial procedure
  • Magistrate succession
  • Criminal-appeal
  • Fair-trial
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Criminal law ramadhani mohamed another vs republic 2015 tzca 351 16 july 2015

ramadhani mohamed another vs republic 2015 tzca 351 16 july 2015

The proceedings before the successor magistrate were a nullity due to non-compliance with section 214(1) of the Criminal Procedure Act, as no reasons were recorded for the change of magistrate, depriving the successor of jurisdiction.

  • Conspiracy
  • Armed robbery
  • Magistrate succession
  • Nullity of proceedings
  • Retrial
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Criminal law ally juma faizi mpemba vs republic 2015 tzca 59 15 july 2015

ally juma faizi mpemba vs republic 2015 tzca 59 15 july 2015

Non-compliance with mandatory procedural requirements under sections 214 and 231 of the Criminal Procedure Act rendered the trial and appellate proceedings a nullity.

  • Armed robbery
  • Procedural irregularities
  • Magistrate succession
  • Right to defence
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Criminal law ally juma faizi mpemba another vs republic 2015 tzca 336 16 june 2015

ally juma faizi mpemba another vs republic 2015 tzca 336 16 june 2015

Non-compliance with sections 214 and 231 of the Criminal Procedure Act rendered the entire proceedings, judgments, and orders of both the trial and High Court a nullity.

  • Armed robbery
  • Procedural irregularities
  • Magistrate succession
  • Right to defence
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.