20130924 TZCA Tabora 2

The trial and appellate proceedings were a nullity due to lack of jurisdiction, as there was no consent from the Director of Public Prosecutions nor a transfer certificate as required by law.

Citation: 20130924 TZCA Tabora 2
Parties: Appellant: Answali Shaban; Appellant: Salehe Tuwa; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 24 September 2013
Procedural Posture: Criminal Appeal / Appeal to Court of Appeal From High Court Decision
Outcome: appeal allowed
Legal Topics: Jurisdiction, Economic Offences, Nullity of Proceedings, Consent of Director of Public Prosecutions, Transfer Certificate
Source Language: English

Criminal Law Criminal Procedure Jurisdiction Economic Offences Nullity of Proceedings Consent of Director of Public Prosecutions Transfer Certificate

Case Brief

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Parties

Answali Shaban

Appellant

Salehe Tuwa

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal to Court of Appeal From High Court Decision

Legal Issues

1 Whether the trial court had jurisdiction to try the offence under the Economic and Organized Crime Control Act without the required consent and transfer certificate
2 Whether the appellate proceedings in the High Court were valid given the nullity of the original trial

Ratio Decidendi

The trial and appellate proceedings were a nullity due to lack of jurisdiction, as there was no consent from the Director of Public Prosecutions nor a transfer certificate as required by law.

Court Disposition

appeal allowed

Orders

Appellate proceedings in the High Court quashed
Original proceedings in the District Court quashed