50. In light of the foregoing, the Court concludes that the application meets all
the conditions of admissibility set out in Article 56 of the Charter as restated
in Rule 50(2) of the Rules, and accordingly declares it admissible.
VII. MERITS
51. The Applicant alleges the following violations:
i.
That he was not informed of the ground of arrest before being arrested
by the police;
ii.
That the Court of Appeal of Tanzania failed to properly determine
matters of law and facts in violation of Articles 2, 3 and 7(1) of the Charter
and Article 107A(B) of the Constitution of the Respondent State (1977);
and
iii. That the justice of appeal had erred in law and facts by failing to observe
that the defence witnesses was/were not summoned/called as required
by Section 231 of the CPA, Cap 20 RE 2002 and Article 13(6)(a) of the
Constitution of the Respondent State.
52. The Court observes that the Applicant’s averments as stated above revolve
around the alleged violations of the right to be notified of the charges against
him (A), the right to have one’s cause heard jointly read with the right to
equality before the law (B), and the right to defence (C). The Court will
examine these allegations in turn.
A. Alleged violation of the right to be notified of the charges
53. The Applicant alleges that he was not informed of the grounds of arrest
before being arrested which amounts to a violation of his fundamental rights
under section 23 of the CPA, Cap 20 RE 2002 supported by Article 15(2) of
the Constitution of the Respondent State.
54. The Respondent State refutes the allegation and submits that if the
Applicant felt his rights had been violated, he had the remedy of instituting
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