19811106 TZCA Dar es Salaam2

19811106 TZCA Dar es Salaam2

The prosecution failed to prove the correct market value of the property at the relevant time, which was essential to establish that the appellant obtained an advantage without adequate consideration. This failure was fatal to the prosecution's case.

Citation
19811106 TZCA Dar es Salaam2
Parties
Appellant: Edom Godfrey Mlinga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 November 1981
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Corruption, Valuation of Property, Burden of Proof
Source Language
English
Criminal Law Corruption Valuation of Property Burden of Proof

Case Brief

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Parties

Edom Godfrey Mlinga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant obtained an advantage as a public officer by purchasing property at an inadequate consideration contrary to section 6 of the Prevention of Corruption Act, 1971
  2. 2 Whether the prosecution proved the market value of the property at the relevant time

Ratio Decidendi

The prosecution failed to prove the correct market value of the property at the relevant time, which was essential to establish that the appellant obtained an advantage without adequate consideration. This failure was fatal to the prosecution's case.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside