edmund mjengwa others vs john mgaya others 2003 tzca 32 9 april 2003

edmund mjengwa others vs john mgaya others 2003 tzca 32 9 april 2003

Leave for private prosecution should not be granted unless the magistrate judicially applies his mind to the essential ingredients of the offence and the circumstances justifying prosecution; in this case, neither the magistrate nor the appellate judge satisfied themselves that reasonable and probable cause existed.

Source-derived case information.

Citation
edmund mjengwa others vs john mgaya others 2003 tzca 32 9 april 2003
Parties
Appellant: Edmund Mjengwa; Appellant: Lawrent Mwang'ombe; Appellant: Raphael Simwita; Appellant: Stephen Ndwenya; Appellant: Said Kimata; Appellant: Mhango Mkatasa; Appellant: Gaspar Mlwilo; Respondent: John Mgaya; Respondent: Napolioni Mwakamyanda; Respondent: Tela Kurubai; Respondent: Yasini Kabelege; Respondent: Philipo Chiniko
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 April 2003
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Private Prosecution, Leave to Prosecute, Judicial Discretion, Institution of Proceedings
Source Language
english
Criminal Law Procedure Private Prosecution Leave to Prosecute Judicial Discretion Institution of Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Edmund Mjengwa

Appellant

Lawrent Mwang'ombe

Appellant

Raphael Simwita

Appellant

Stephen Ndwenya

Appellant

Said Kimata

Appellant

Mhango Mkatasa

Appellant

Gaspar Mlwilo

Appellant

John Mgaya

Respondent

Napolioni Mwakamyanda

Respondent

Tela Kurubai

Respondent

Yasini Kabelege

Respondent

Philipo Chiniko

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether leave for private prosecution requires a prior formal charge or complaint
  2. 2 Whether the magistrate and appellate judge properly addressed the essential ingredients of the offence before granting leave
  3. 3 Whether sufficient grounds were shown for private prosecution

Ratio Decidendi

Leave for private prosecution should not be granted unless the magistrate judicially applies his mind to the essential ingredients of the offence and the circumstances justifying prosecution; in this case, neither the magistrate nor the appellate judge satisfied themselves that reasonable and probable cause existed.

Court Disposition

appeal allowed

Orders

  • Decision of the High Court quashed and set aside