Paschal Lala versus The Republic

Paschal Lala versus The Republic; Criminal Appeal No 368 of 2014: Court of Appeal of Tanzania at Dodoma (Unreported).

• Criminal Procedure

• Transfer – transfer of case from High Court to RM with extended jurisdiction after plea is taken – whether proper.

Held:-

Any transfer of a case for trial from the High Court to a resident Magistrate with extended jurisdiction should be effected before the plea is taken and preliminary hearing is conducted  as preliminary hearing proceedings are part and parcel of the trial case.  When a plea is taken and preliminary hearing is conducted before the transfer is effected, the proceedings become a nullity.