Adam Kitundu versus The Republic; Criminal Appeal No 360 of 2014: Court of Appeal of Tanzania at Dodoma (Unreported).
- Criminal Procedure
- Transfer – whether it is proper for a trial magistrate to transfer file to another magistrate without assigning reasons.
- Judgment – judgment composed by one magistrate and signed by another-whether proper.
Held:-
(i) Section 214(1) of the CPA requires that reasons be laid bare to show why predecessor magistrate could not complete the trial. In the absence of any such reasons, the successor magistrate lacks jurisdiction and authority to proceed with the trial and consequently all such proceedings before him are a nullity.
(ii) When the predecessor magistrate is unable to complete the trial, but has recorded the whole of the evidence in such trial, sections 214(1) and (3) of the CPA allow the predecessor Magistrate to write the judgment, and the successor magistrate to read such judgment and pass sentence in case of conviction provided reasons for failure of the predecessor magistrate to handle the matter to an end are assigned.