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Tanzania decisions
Decisions matching the current search
The High Court quashed proceedings after finding the CMA record missing and unreconstructable, and granted leave to refile the labour dispute within seven weeks.
The High Court quashed a conviction and 30-year sentence after the trial records could not be found, and ordered the applicant’s release subject to any lawful detention.
High Court granted extension of time to seek revision, finding a visible illegality in the interest award and ordering reconstruction of the missing trial record.
The Court of Appeal quashed a murder conviction after the trial record could not be reconstructed, making a fair hearing on appeal impossible.
The Court of Appeal upheld a retrial order after the CMA record went missing, holding that revisional review could not proceed without the arbitration proceedings.
In the absence of the trial court records and with the prosecution unable to reconstruct the case, it is in the best interests of justice to quash the conviction and set aside the sentence, granting the benefit of doubt to the appellant rather than ordering a retrial.
Source excerpt
Court of Appeal ordered rehearing after missing High Court records made the appeal impossible to determine.
The Court of Appeal quashed an armed robbery conviction after missing records could not be reconstructed and the appellant had served most of his sentence.
The High Court quashed an armed robbery conviction and 30-year sentence after repeated failures to reconstruct missing records, and ordered a possible retrial.
The Court of Appeal adjourned a criminal application and ordered tracing and possible reconstruction of a missing record of appeal from Mwanza.
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