faraji augustine chambo vs republic 2016 tzca 852 12 august 2016

faraji augustine chambo vs republic 2016 tzca 852 12 august 2016

The prosecution failed to prove beyond reasonable doubt that the money in question was corruptly obtained or constituted proceeds of crime, and failed to call material witnesses from TTCL, TUCTA, the Bank, and TRA. The prohibitory order was not lawfully extended, rendering the subsequent sale valid. The convictions were unsafe and could not stand.

Citation
faraji augustine chambo vs republic 2016 tzca 852 12 august 2016
Parties
Appellant: Faraji Augustine Chambo; Respondent: The Republic; Co Accused: Kajala Masanja
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 August 2016
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal allowed. Convictions quashed and sentences set aside.
Legal Topics
Conspiracy, Corruption, Money Laundering, Procedural Law, Evidentiary Law
Source Language
English
Criminal Law Conspiracy Corruption Money Laundering Procedural Law Evidentiary Law

Case Brief

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Parties

Faraji Augustine Chambo

Appellant

The Republic

Respondent

Kajala Masanja

Co Accused

Procedural Posture

Criminal Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the prosecution proved the offences of conspiracy, transfer of proceeds of corruption, and money laundering beyond reasonable doubt
  2. 2 Whether the prohibitory order was valid and lawfully extended
  3. 3 Whether the conviction was based on sufficient and corroborated evidence

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the money in question was corruptly obtained or constituted proceeds of crime, and failed to call material witnesses from TTCL, TUCTA, the Bank, and TRA. The prohibitory order was not lawfully extended, rendering the subsequent sale valid. The convictions were unsafe and could not stand.

Court Disposition

Appeal allowed. Convictions quashed and sentences set aside.

Orders

  • Appellant to be set free forthwith unless held for other lawful cause.
  • Conviction and sentence of co-accused Kajala Masanja in counts 1 and 2 also quashed and set aside under revisionary jurisdiction.