My Uncle Has A Problem - Seeking Legal Advice!!

[Iselamagazi]

I salute you all!

I 'm writing this thread on behalf of my uncle in regard to his request for legal advice.
The below information I'm going to provide is obtained from him and quoted in full:

1. "THAT, I LEO MAXIMUS and another were jointly charged with the criminal offence of Malicious damage to property c/s 326 (i) and (2) of the Penal Code, Cap. 16 R.E 2002 in the District Court of ......... Vide Criminal Case No. 355 of 2009. I was the first to be taken to court on 10/08/2009 when the case was filed and was allowed bail. My co-accused person joined me latter".
2. "THAT, the prosecution side adduced its evidence firstly on 03/12/2010 secondly on 02/09/2011 and closed the prosecution on the said date 02/09/2011".
3. "THAT, we the accused persons were found with a case to answer and called upon to make defense. We started adducing evidence of defense all of us (only the accused persons) and did adduce the evidence on 15/12/2012".
4. "THAT, on 25/06/2012 two amongst of our defense witness did adduced the evidence and the next hearing was adjourned and fixed on 06/08/2012".
5. "THAT, on 06/08/2012 we took our witnesses the last ones to close the defense. The PP on the said date prayed to withdraw the prosecution and granted by the court and so withdrawn instantly u/s 98 (a) of CPA 1985 by discharging us the accused persons instead of acquitting us u/s 98 (b) of the said Act since we had already been called upon to make defense and started giving evidence four our defense".
6. We recently heard from reliable sources that our enemy (ill-complainant) is designing plans to institute or filing again a criminal case against us on account of the facts of the case previously withdrawn.
7. What proper course and procedure we can go by to get remedy in the present circumstances and legal confrontations? Is there time limit for the improper withdrawal order to loose effect?
8. On behalf of my co-accused persons and on my own behalf, I humbly submit, anticipatedly to getting the sympathetic advice from whomever with legal expertise.

LEO MAXIMUS(THE VICTIM)


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Can someone please help my uncle? He is 80 yrs old and suffering from chronic Asthma; he is in desperate need of legal help!

Comments, views, suggestions & questions are welcomed.
Thanks!

Iselamagazi.

 

[Iselamagazi]

Another question: Under the Criminal Procedure Act Cap 20, does an appeal lie to an improper withdrawal order of a criminal charge discharging the accused person instead of acquittal, or not?

 

[Zogwale]

Ok ngoja waje wataalam wakusaidie ufaulu vizuri. All the best.

 

[Iselamagazi]

Ok ngoja waje wataalam wakusaidie ufaulu vizuri. All the best.

Mkuu Zogwale, niko serious na hii kitu niliyoleta hapa kwa ajili ya kuomba ushauri wa ki-sheria! Hata court proceedings za hii kesi zipo. Mwenye doubt, naomba aulize swali lolote, niko tayari kutoa ufafanuzi.

 

[Zogwale]

Mkuu Zogwale, niko serious na hii kitu niliyoleta hapa kwa ajili ya kuomba ushauri wa ki-sheria! Hata court proceedings za hii kesi zipo. Mwenye doubt, naomba aulize swali lolote, niko tayari kutoa ufafanuzi.

Sorry mkuu, nilifikiri ni wale wanafunzi wanatafuta majibu hapa ya essay zao za sharia. Hopeful wanasheria wamo humu watasaidia, mh. Tindu Lissu popote ulipo leo baada ya hili Bunge letu la Katiba ingia JF utoe msaada.

 

[Iselamagazi]

Sorry mkuu, nilifikiri ni wale wanafunzi wanatafuta majibu hapa ya essay zao za sharia. Hopeful wanasheria wamo humu watasaidia, mh. Tindu Lissu popote ulipo leo baada ya hili Bunge letu la Katiba ingia JF utoe msaada.

Asante mkuu; ninaendelea kusubiri msaada wa wana sheria. Nitafunguka zaidi nitakapoulizwa maswali kuhusiana na kesi hii ya mjomba wangu.