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Tanzania decisions
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The Court of Appeal held that the High Court wrongly refused to order recommencement of proceedings after quashing a void economic case for want of jurisdiction.
The trial court lacked jurisdiction to try the appellant for economic offences because the required consent to prosecute was not issued by the DPP as mandated by law, rendering the proceedings, convictions, and sentences a nullity.
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High Court appeal in a rape conviction held that the child witness was not properly examined under the Evidence Act; conviction was vitiated and a limited retrial ordered.
The charge sheet was fatally defective for failing to specify the person against whom the weapon was used, an essential ingredient of armed robbery under section 287A of the Penal Code and section 132 of the Criminal Procedure Act. This defect rendered the entire proceedings, conviction, and sentence a nullity, incapable of being cured or remedied by retrial.
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The trial court lacked jurisdiction due to improper endorsement of documents conferring jurisdiction; given the appellants had already served nearly ten years, the interests of justice do not require a retrial. Convictions are quashed and sentences set aside.
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The High Court quashed a conviction and set aside the unserved sentence after finding the original record was missing, irretrievable, and appeal rights had been frustrated.
The Court of Appeal upheld the return of forfeited livestock after the respondents’ convictions were quashed, but limited the return to the identified animals.
The High Court allowed a criminal appeal after finding the appellant had been denied a fair hearing following a trial in absentia. The conviction and compensation order were quashed.
Where the original court record is lost and the applicant has served a substantial portion of the sentence, ordering a retrial would not serve justice and may cause injustice to both the accused and the victim; therefore, the conviction and sentence should be quashed and the applicant released.
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The High Court quashed robbery-with-violence convictions and 30-year sentences after missing trial and appeal records and ordered the applicants released.
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