20161102 TZCA Dar es Salaam
Once the conviction is quashed and sentence set aside, the confiscation and forfeiture order is discharged; the prosecution cannot challenge acquittal on the fifth count without a proper cross-appeal as per statutory procedure.
- Citation
- 20161102 TZCA Dar es Salaam
- Parties
- Appellant/respondent: ExF. 7153D/C Dickson Muganyizi; Respondent/appellant: The Republic (DPP)
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 November 2016
- Procedural Posture
- Criminal Appeal / Second Appellate (court of Appeal)
- Outcome
- Appeal allowed; ground of appeal by Republic struck out.
- Legal Topics
- Confiscation and Forfeiture, Appeals Procedure, Possession of Narcotic Drugs, Conspiracy to Commit Felony, Unlawful Sale of Narcotics
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
ExF. 7153D/C Dickson Muganyizi
Appellant/respondent
The Republic (DPP)
Respondent/appellant
Procedural Posture
Criminal Appeal / Second Appellate (court of Appeal)
Legal Issues
- 1 Whether the appellant is entitled to return of confiscated properties after conviction was quashed
- 2 Whether the prosecution could challenge acquittal on the fifth count without filing a cross-appeal
Ratio Decidendi
Once the conviction is quashed and sentence set aside, the confiscation and forfeiture order is discharged; the prosecution cannot challenge acquittal on the fifth count without a proper cross-appeal as per statutory procedure.
Court Disposition
Appeal allowed; ground of appeal by Republic struck out.
Orders
- Return confiscated properties to appellant.
- Strike out Republic's ground of appeal in Criminal Appeal No. 261 of 2013.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment