Director of Public Prosecutions vs Elia Masaka @ Funyizi & Another (Criminal Appeal No.137 of 2021) [2023] TZCA 17307 (6 June 2023)

Elias Masaka @ Funyizi and Jobu Matonya Lucas were charged with the offence of murder contrary to sections 196 and 197 of the Penal Code. The particulars of the offence were that they murdered Julia Tilibu on 30th July 2017 at Makang'wa Village within the Municipality and Region of Dodoma.

The main issue in this case was whether the trial court was justified in closing the prosecution case. The trial court had closed the prosecution case after the prosecution failed to bring their last witness, Eudia Petro, to court. The prosecution had requested an adjournment, which was denied by the trial court. The respondents were subsequently acquitted of the charge of murder.

The Director of Public Prosecutions appealed this decision, arguing that the trial court erred in law by closing the prosecution case. The appeal court agreed with the appellant, citing the Criminal Procedure Act [CAP 20 R.E. 2022] and case law which establishes that it is the prerogative of the prosecution to close its case. The court found that the trial court had no mandate to order for the closure of the prosecution case and that this order had effectively prejudiced the prosecution, amounting to an unfair trial.

The appeal court allowed the appeal and quashed the order of the trial court, remitting the case to the trial court to proceed with the trial from the state it had reached before closure of the prosecution case by the trial Judge.