Abdi Masoud and 3 Others versus The Republic; Criminal Appeal No. 116 of 2015; Court of Appeal of Tanzania at Dodoma (Unreported).
- Criminal Procedure
- Transfer – whether it is proper for a trial magistrate to transfer the file to another magistrate without assigning reasons.
- Sentencing – confirmation of sentence by the High Court of Tanzania
Held:-
(i) Where it is necessary to reassign a partly heard matter to another magistrate, the reason for the failure of the first magistrate to complete the trial must be recorded. If it is not complied with, the successor magistrate would have no authority or jurisdiction to try the case.
(ii) Under section 170(I) and (3) of the CPA, a magistrate of the rank below a Senior Resident Magistrate cannot impose a sentence of imprisonment of more than 5years unless such sentence is confirmed by the High Court or falls under the Minimum Sentences Act.