halfan bwire hassan and three others 2021 tzhcced 5559 1 september 2021

halfan bwire hassan and three others 2021 tzhcced 5559 1 september 2021

The Corruption and Economic Crimes Division of the High Court has jurisdiction to try terrorism offences because the Written Laws (Miscellaneous Amendments) Act No. 3 of 2016 classified such offences as economic offences under Cap 200, and neither the Prevention of Terrorism Act nor the amendments create exclusive...

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Citation
halfan bwire hassan and three others 2021 tzhcced 5559 1 september 2021
Parties
Prosecution: Republic; Accused: Halfan Bwire Hassan; Accused: Adam Hassan Kasekwa @ Adamoo; Accused: Mohamed Abdillah Lingwenya; Accused: Freeman Aikael Mbowe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 September 2021
Procedural Posture
Criminal (economic and Terrorism) / Ruling on Preliminary Objection (jurisdiction)
Outcome
Preliminary objection on jurisdiction overruled
Legal Topics
Jurisdiction, Interpretation of Statutes, Conflict of Laws
Source Language
english
Criminal Law Economic Crimes Anti Terrorism Jurisdiction Interpretation of Statutes Conflict of Laws

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Parties

Republic

Prosecution

Halfan Bwire Hassan

Accused

Adam Hassan Kasekwa @ Adamoo

Accused

Mohamed Abdillah Lingwenya

Accused

Freeman Aikael Mbowe

Accused

Procedural Posture

Criminal (economic and Terrorism) / Ruling on Preliminary Objection (jurisdiction)

Legal Issues

  1. 1 Whether the Corruption and Economic Crimes Division of the High Court has jurisdiction to try terrorism offences under the Prevention of Terrorism Act

Ratio Decidendi

The Corruption and Economic Crimes Division of the High Court has jurisdiction to try terrorism offences because the Written Laws (Miscellaneous Amendments) Act No. 3 of 2016 classified such offences as economic offences under Cap 200, and neither the Prevention of Terrorism Act nor the amendments create exclusive jurisdiction for another court.

Court Disposition

Preliminary objection on jurisdiction overruled

Orders

  • The Corruption and Economic Crimes Division of the High Court has jurisdiction to try terrorism offences under the Prevention of Terrorism Act.