hussein salehe another 2011 tzca 87 23 june 2011

The District Court of Nzega and the Resident Magistrate's Court lacked jurisdiction to try the offences as no certificate from the Director of Public Prosecutions was issued; therefore, all proceedings were a nullity.

Citation: hussein salehe another 2011 tzca 87 23 june 2011
Parties: Appellant: Appellants; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 23 June 2011
Procedural Posture: Criminal Appeal / Second Appeal From Conviction and Sentence by District Court, Confirmed by Resident Magistrate, to Court of Appeal
Outcome: Appeal allowed; proceedings quashed as nullity; appellants ordered released unless held for other lawful purpose.
Legal Topics: Jurisdiction, Economic Offences, Arms and Ammunition, Nullity of Proceedings
Source Language: English

Criminal Law Economic Crimes Jurisdiction Economic Offences Arms and Ammunition Nullity of Proceedings

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Parties

Appellants

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From Conviction and Sentence by District Court, Confirmed by Resident Magistrate, to Court of Appeal

Legal Issues

1 Whether the trial and appellate courts had jurisdiction to try economic offences under the Economic and Organised Crime Control Act without a certificate from the Director of Public Prosecutions
2 Whether the proceedings and convictions were nullities due to lack of jurisdiction

Ratio Decidendi

Court Disposition

Appeal allowed; proceedings quashed as nullity; appellants ordered released unless held for other lawful purpose.

Orders

Proceedings in subordinate courts declared a nullity and quashed.
Appellants to be released from prison forthwith unless held for other lawful purpose.