Ezra Mkota and Another versus The Republic; Criminal Appeal no 23 of 2013: Court of Appeal of Tanzania at Dodoma (Unreported).
- Court
- Court of Appeal of Tanzania: Powers of the Court of Appeal in case of manifest illegality.
- Criminal Procedure
- Transfer of Cases – Transfer of murder cases from the High Court of RMs Court – whether can be done after preliminary hearing.
Held:
(i) In case of manifest illegality, the Court of Appeal can intervene even if the appeal before it is incompetent.
(ii) Transfer of a case from the High Court to a designated Resident Magistrate should be effected before the plea of the accused is taken. If it is not done, the proceedings are a nullity.