Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The Court of Appeal quashed a conviction for carnal knowledge after finding the successor magistrate gave no reasons for taking over the trial, causing material prejudice.
Court of Appeal held that a magistrate’s failure to decide promptly on recalling witnesses after takeover rendered the trial a nullity and declined a retrial.
The High Court allowed a criminal appeal because the successor magistrate took over a partly heard case without recording reasons, making the proceedings irregular.
The trial court substantially complied with sections 231 and 214 of the Criminal Procedure Act, as the accused was informed of his rights and did not object to the succession of magistrates; therefore, the High Court erred in finding procedural violations and ordering a retrial.
Source excerpt
Failure of the successor magistrate to record reasons for taking over the trial from his predecessor, as required by section 214(1) of the Criminal Procedure Act, renders the proceedings from that point a nullity and the judgment unlawful, regardless of the accused's absence during trial.
Source excerpt
The Court of Appeal quashed a rape conviction after finding the second magistrate failed to inform the accused of the right to recall witnesses under section 214(2)(a).
Non-compliance with section 214(2) of the Criminal Procedure Act by the successor magistrate, specifically failure to record reasons for the change and to inform the accused of their rights, constituted a serious irregularity rendering the proceedings and judgment from 1/9/2016 onwards a nullity.
Source excerpt
Non-compliance with section 214(1) of the Criminal Procedure Act, specifically the failure to provide reasons for change of magistrate and to inform the accused, rendered the trial a nullity and violated the appellant's right to a fair trial under the Constitution.
Source excerpt
The High Court nullified a robbery conviction because multiple magistrates handled the trial without compliance with section 214 of the Criminal Procedure Act.
The High Court nullified a rape conviction after a successor magistrate proceeded without complying with section 214(1) of the Criminal Procedure Act.
Explore more
