20170914 TZHC Dar es Salaam 1

The proceedings were vitiated by violation of section 214(1) of the Criminal Procedure Act. There was no evidence against the second appellant, and a retrial is warranted only for the first appellant.

Citation: 20170914 TZHC Dar es Salaam 1
Parties: Appellant: Alex Mahembea; Appellant: Mohemed Ally Ukoko; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 14 September 2017
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: Appeal allowed in part; conviction and sentence of second appellant quashed; retrial ordered for first appellant.
Legal Topics: Obtaining Money by False Pretences, Section 302 Penal Code, Section 214(1) Criminal Procedure Act, Retrial, Jurisdiction
Source Language: English

Criminal Law Obtaining Money by False Pretences Section 302 Penal Code Section 214(1) Criminal Procedure Act Retrial Jurisdiction

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Parties

Alex Mahembea

Appellant

Mohemed Ally Ukoko

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the prosecution proved the offence of obtaining money by false pretences beyond reasonable doubt
2 Whether the trial court complied with section 214(1) of the Criminal Procedure Act regarding succession of magistrates
3 Whether there was sufficient evidence against both appellants

Ratio Decidendi

Court Disposition

Appeal allowed in part; conviction and sentence of second appellant quashed; retrial ordered for first appellant.

Orders

Conviction, sentence, and compensation order against second appellant set aside.
Retrial against first appellant to take effect immediately.