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Tanzania decisions
Decisions matching the current search
The High Court declined to intervene in the pending proceedings of the trial court, holding that the trial court has jurisdiction to determine the legality and propriety of the charge and that there was no irregularity or illegality in the trial court proceedings. The application was premature and not properly filed.
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The failure by the Tribunal Chairman to require assessors to give their opinions in the presence of the parties, as mandated by Regulation 19(2), is a fatal irregularity that renders the proceedings and resulting judgments of both the Tribunal and the High Court nullities, necessitating a fresh trial.
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The charge sheet was incurably defective for failing to cite section 130(2)(a) of the Penal Code, which prejudiced the appellant and vitiated the trial and appellate proceedings. The proceedings and judgments of both lower courts are a nullity and must be quashed. A retrial is not warranted as the prosecution is to blame for the defect.
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Failure to cite section 131(3) of the Penal Code in the charge sheet, where the victim was under ten years old, deprived the appellant of sufficient information regarding the charge and punishment, rendering the proceedings a nullity and vitiating the trial.
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The Court of Appeal held that sentencing without first entering a conviction was an error, quashed the ensuing proceedings as a nullity, and set the respondent free.
The Principal Resident Magistrate with extended jurisdiction had no jurisdiction to hear the application for extension of time or the appeal as there was no evidence of transfer from the High Court; thus, the proceedings were a nullity and must be quashed.
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The District Court of Mpanda lacked jurisdiction to try the economic offence in absence of a DPP certificate; all proceedings and resulting decisions are a nullity and must be quashed. A retrial is ordered before a competent court.
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The District Court of Mpanda lacked jurisdiction to try the economic offence due to absence of a DPP certificate; all proceedings and decisions based on that trial are nullities and must be quashed. A retrial is ordered at a court with proper jurisdiction.
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The Court of Appeal quashed a High Court judgment entered under Order XVII Rule 3 CPC without evaluating evidence, and sent the case back for judgment according to law.
The High Court at Mbeya upheld an acquittal in a criminal matter, finding the prosecution had not proved the case and that revision powers were properly used.
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