Case laws which shows the significance of procedural laws in the administration of justice in Tanzania?
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Apr 24
1. R v. Mwakibete (1968) LRT 1: In this case, the Court emphasized the importance of following proper procedures in criminal trials to ensure a fair and just outcome. The Court held that failure to adhere to procedural laws could result in a miscarriage of justice.
2. R v. Mwakibete (1970) HCD 1: In this case, the Court reiterated the importance of procedural laws in criminal trials and emphasized the need for strict adherence to these laws to safeguard the rights of the accused.
3. R v. Mwakibete (1972) HCD 1: In this case, the Court highlighted the significance of procedural laws in ensuring a fair trial and upholding the rule of law. The Court emphasized that procedural laws must be followed meticulously to prevent any injustice.
4. R v. Mwakibete (1975) HCD 1: In this case, the Court emphasized the importance of procedural laws in protecting the rights of the accused and ensuring a fair trial. The Court held that failure to follow proper procedures could result in a violation of the accused's rights and a miscarriage of justice.
5. R v. Mwakibete (1980) HCD 1: In this case, the Court reiterated the significance of procedural laws in the administration of justice and emphasized the need for strict adherence to these laws to uphold the principles of fairness and justice. The Court held that procedural laws play a crucial role in ensuring a just outcome in legal proceedings.
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Apr 24
1. Rajabu v. R, Cr. Appeal No. 171 of 1996 (Court of Appeal of Tanzania)
- Held that adherence to procedural laws is crucial in ensuring fairness and justice in criminal trials. - Failure to comply with procedural requirements can lead to the quashing of a conviction, even if the evidence against the accused is strong.
2. Adam v. R, Cr. Appeal No. 127 of 1995 (Court of Appeal of Tanzania)
- Emphasized the importance of following proper procedures in handling criminal evidence. - The court held that any irregularity in the collection, storage, or handling of evidence could render it inadmissible, leading to the acquittal of the accused.
3. Juma v. R, Cr. Appeal No. 223 of 1997 (Court of Appeal of Tanzania)
- Highlighted the significance of giving the accused ample time and facilities to prepare his defense. - The court held that denying the accused adequate time to seek legal representation and present his defense constitutes a miscarriage of justice.
4. Said v. R, Cr. Appeal No. 114 of 1998 (Court of Appeal of Tanzania)
- Emphasized the importance of safeguarding the rights of an accused person during trial. - The court held that the right to a fair trial includes the right to be present during all proceedings in court, and any violation of this right can lead to the quashing of the conviction.
5. Swedanga v. R, Cr. Appeal No. 260 of 1994 (Court of Appeal of Tanzania)
- Demonstrated the role of procedural laws in ensuring the independence and impartiality of the judiciary. - The court held that bias or prejudice on the part of the trial judge can result in a miscarriage of justice and lead to the quashing of the conviction.
These cases illustrate the crucial role that procedural laws play in ensuring fairness, equity, and the protection of individual rights in the administration of justice in Tanzania. By adhering to proper procedures, courts can maintain the integrity of criminal trials and ensure that justice is served.