19930201 TZCA Dar es Salaam

19930201 TZCA Dar es Salaam

The DPP abused his powers under Section 91 of the Criminal Procedure Act by entering a nolle prosequi and re-charging the accused in a different court to deny them bail, which amounted to an abuse of process. The High Court had jurisdiction to quash such proceedings under Section 372 of the Criminal Procedure Act.

Citation
19930201 TZCA Dar es Salaam
Parties
Appellant: Director of Public Prosecutions; Respondents: Respondents (accused persons)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 February 1993
Procedural Posture
Criminal Appeal / Appellate
Outcome
Appeal dismissed
Legal Topics
Nolle Prosequi, Abuse of Process, Bail, Jurisdiction of Courts, Powers of Director of Public Prosecutions
Source Language
English
Criminal Law Criminal Procedure Nolle Prosequi Abuse of Process Bail Jurisdiction of Courts Powers of Director of Public Prosecutions

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Parties

Director of Public Prosecutions

Appellant

Respondents (accused persons)

Respondents

Procedural Posture

Criminal Appeal / Appellate

Legal Issues

  1. 1 Whether the High Court had jurisdiction to revise the exercise of the DPP's powers to enter a nolle prosequi and re-charge the accused
  2. 2 Whether the DPP abused his powers under Section 91 of the Criminal Procedure Act by entering a nolle prosequi and re-charging the accused in a different court to deny bail
  3. 3 Whether the proceedings in the subordinate courts were irregular and amounted to an abuse of process

Ratio Decidendi

The DPP abused his powers under Section 91 of the Criminal Procedure Act by entering a nolle prosequi and re-charging the accused in a different court to deny them bail, which amounted to an abuse of process. The High Court had jurisdiction to quash such proceedings under Section 372 of the Criminal Procedure Act.

Court Disposition

Appeal dismissed

Orders

  • All proceedings in Economic Criminal Case No. 86/91 at the District Court of Ilala at Kisutu from those of 26th November 1991 involving the nolle prosequi are quashed.
  • All proceedings in Case No. 91/91 of the District Court of Ilala at Kivukoni involving the certificate of non-admission to bail and remand of the accused are quashed.