Hadija Hussein vs Yahaya Hussein (Land Appeal No. 54 of 2023) [2024] TZHC 554 (21 February 2024)

Jurisdiction
Tanzania
Citation
Hadija Hussein vs Yahaya Hussein (Land Appeal No. 54 of 2023) [2024] TZHC 554 (21 February 2024)
Media Neutral Citation
[2024] TZHC 554
Hearing date
7 February 2024
Court
High Court of Tanzania
Court registry
High Court Dodoma Registry
Order
Allow appellant's appeal, quash conviction, set aside the sentence imposed on him and proceed to order his immediate release from custody unless otherwise lawfully held , Allow the first ground of appeal and hold that, the prosecution case was not proved beyond reasonable doubt , Appeal allowed , Appeal allowed and consequently, quash the proceedings of both the Tribunal and the High Court and set aside the resultant Judgments , Appeal allowed and order the appellant to be released from custody unless he is otherwise held for other lawful cause (s). , Appeal allowed quash and set aside the appellant's conviction for murder and sentence of death , Appeal allowed, quash conviction and set aside the appellant's death sentence, immediate release of the appellant from prison unless held for other lawful cause. , Appeal allowed, quash conviction and set aside the sentence imposed on the appellant, the appellant should be released from prison forthwith, unless held for other lawful cause. , Appeal allowed , quash conviction of murder against the appellant and set aside the sentence of death passed, and substitute for a conviction of manslaughter. , Appeal allowed, quash the conviction and set aside the sentence and the appellant be immediately set free unless held for some other lawful cause. , Appeal allowed, quash the convictions and set aside the sentence the appellants be immediately set free unless held for some other lawful cause. , Appeal devoid of merit and it is hereby dismissed in its entirety. , Appeal dismissed , Appeal dismissed with costs , Appeal fails in its entirely, thus dismissed. , Appeal is barren of fruits and we accordingly dismiss it in its entirety , Appeal is deemed to have been withdrawn upon the expiry of the prescribed period of sixty days after its lodgment for failure by the respondent to institute the appeal upon been issued with the certificate of delay each party to bear its own costs , Appeal is devoid of merit, accordingly, dismiss it , Appeal is devoid of merit and dismissed it. , Appeal is struck out the respondents shall have their costs , Appeal is struck out with cost , Appeal No. 619 of 2022 allowed to the extent indicated and strike out Civil Appeal No. 13 of 2023 , Appeal partially allowed , Appeal partly allowed , Appeal partly is allowed , Appeal partly succeeds to the extent of the second and third grounds of appeal. , Appeal quashed and set aside the evidence of witnesses so that another Chairman shall hear witnesses afresh by administering oaths before taking their evidence. , Appeals are dismissed for lack of merit , Appeal stand dismissed with costs , Appeal strike out , Appeal without merit and, it is accordingly dismissed with costs. , Appellant be released from prison forthwith unless he is otherwise lawfully held , Appellants be released forthwith from prison, unless they be held there for other lawful cause. , Appellant should remain in custody pending being committed to the High Court for trial , Appellants should remain in custody pending composition and delivery of the judgment by the trial court , Application be stayed , Application declared a nullity, quashed and set aside , Application dismissed , Application dismissed with costs , Application dismissed without costs , Application fails and is dismissed , Application for reference before the High Court judge was incompetent since such court had no jurisdiction to entertain and determine it. Consequently, we find merit in the application and grant it. , Application for reference devoid of merit and it is hereby dismissed with costs. , Application for reference devoid of merit it is accordingly dismissed with costs , Application granted , Application granted with costs , Application is allowed , Application is found to be meritorious and granted , Application is hereby adjourned to a future session of the Court , Application is meritorious and thus granted.. , Application is unfounded and thus dismissed it with costs. , Application is unmerited and stands dismissed. , Application lacks merit and hereby dismiss it in its entirety , Application struck out , Application struck out each party shall bear its costs , Application struck out with costs. , Application with no merit and dismissed it with costs. , Both accused persons not guilty of the offence of Murder contrary to sections 196 and 197 of the Penal Code, [Cap 16, R.E. 2002] now [R.E 2022] as charged and proceed to acquit and immediate release from prison unless otherwise lawfully held. , Dismissed the second respondent's preliminary objection , immediate release of the appellants from prison unless they are lawfully held. , Invoke revisional authority in pursuance of section 4 (2) of the AJA and quash the consequential order , Law reform recommendation , Notice of Appeal has to be amended , Nullify the proceedings and judgment of the Tribunal and that of the High Court , Proceedings nullified ito section 4(2) of the AJA , Quashed , Quashed the conviction and set aside the sentence awarded to the appellant, and order his immediate release from prison unless lawfully held. , Quash his conviction and set aside the sentence immediate release from prison. , Quash the conviction and set aside the sentence imposed on the appellant and the appellant be set free unless he is being held for other lawful cause. , Quash the proceedings before the High Court as well as the judgment, and set aside the resultant orders , Reference Dismissed , Reference is unmerited, it stands dismissed. , Reject the applicant's motion for change of panel or for the recusal of one of us because that is against the clear provisions of rule 66 (5) of the Rules , Retrial , Set aside the sentence , strike it out each party shall bear his own costs. , Strike out the application with costs.
Case number
Land Appeal No. 54 of 2023
Judges
Khalfan, J.
Judgment date
21 February 2024
Language
English
Type
Judgment
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