edom godfrey mlinga vs republic 1981 tzca 12 6 november 1981

edom godfrey mlinga vs republic 1981 tzca 12 6 november 1981

The prosecution failed to prove beyond reasonable doubt that the appellant obtained an advantage without adequate consideration, as the valuation evidence was not competent and did not establish the market value at the relevant time.

Citation
edom godfrey mlinga vs republic 1981 tzca 12 6 november 1981
Parties
Appellant: Edom Godfrey Mlinga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 November 1981
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Corruption, Valuation of Property, Adequate Consideration
Source Language
English
Criminal Law Corruption Valuation of Property Adequate Consideration

Case Brief

Summary, issues, holding and outcome

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Parties

Edom Godfrey Mlinga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant obtained an advantage without adequate consideration as a public officer contrary to section 6 of the Prevention of Corruption Act, 1971
  2. 2 Whether the prosecution proved that the consideration for the property was inadequate

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the appellant obtained an advantage without adequate consideration, as the valuation evidence was not competent and did not establish the market value at the relevant time.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside