abel adriano others vs republic 2020 tzca 1850 16 november 2020

abel adriano others vs republic 2020 tzca 1850 16 november 2020

The District Court of Morogoro lacked jurisdiction to try the economic offences as the certificate from the DPP conferred jurisdiction only on the Resident Magistrate's Court; proceedings, conviction, and sentence are a nullity.

Citation
abel adriano others vs republic 2020 tzca 1850 16 november 2020
Parties
Appellant: Abel Adriano; Appellant: Anael Mkindi; Appellant: Erick William Kyaruzi; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 November 2020
Procedural Posture
Criminal Appeal / Court of Appeal, Second Appeal
Outcome
proceedings quashed, conviction and sentence set aside, retrial ordered
Legal Topics
Jurisdiction, Economic Crimes, Unlawful Possession of Government Trophy, Organized Crime, Procedural Nullity
Source Language
English
Criminal Law Procedural Law Jurisdiction Economic Crimes Unlawful Possession of Government Trophy Organized Crime Procedural Nullity

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Parties

Abel Adriano

Appellant

Anael Mkindi

Appellant

Erick William Kyaruzi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal, Second Appeal

Legal Issues

  1. 1 Whether the trial court had jurisdiction to try the appellants for economic offences without a valid certificate from the DPP
  2. 2 Whether proceedings, conviction, and sentence are null due to lack of jurisdiction

Ratio Decidendi

The District Court of Morogoro lacked jurisdiction to try the economic offences as the certificate from the DPP conferred jurisdiction only on the Resident Magistrate's Court; proceedings, conviction, and sentence are a nullity.

Court Disposition

proceedings quashed, conviction and sentence set aside, retrial ordered

Orders

  • Proceedings and judgment of trial court and High Court quashed
  • Sentences and orders imposed on appellants set aside