Shabani William versus The Republic

Shabani William versus The Republic; Criminal Appeal No 358 of 2014; Court of Appeal of Tanzania at Dodoma (Unreported).

• Criminal Procedure

• Transfer of cases – Transfer of case from High Court to RM with Extended jurisdiction after plea has been taken – whether proper.

Held:-

A transfer of a case pending in the High Court to a Resident Magistrate’s Court ought to be done before a plea of the accused is taken.  If the transfer is effected after the plea has been taken and/or preliminary hearing has been conducted, it amounts to a serious irregularity which renders the proceedings, decisions and orders of the trial court a nullity.