mabula mela mindi others vs republic 2017 tzca 347 31 august 2017

mabula mela mindi others vs republic 2017 tzca 347 31 august 2017

The trial court lacked jurisdiction to try economic crimes offences as the required consent and certificate from the DPP were not properly filed or endorsed; therefore, the proceedings and convictions are a nullity and must be quashed, with a retrial ordered for the fourth count only.

Citation
mabula mela mindi others vs republic 2017 tzca 347 31 august 2017
Parties
Appellant: Mabula Mela @ Mindi; Appellant: Maporu Mathias @ Masunga; Appellant: Maduhu Mashashi @ Ndege; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 August 2017
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
Appeal allowed; proceedings and convictions quashed; sentences set aside; retrial ordered for fourth count only.
Legal Topics
Jurisdiction, Economic Crimes, Wildlife Conservation, Retrial
Source Language
English
Criminal Law Procedural Law Jurisdiction Economic Crimes Wildlife Conservation Retrial

Case Brief

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Parties

Mabula Mela @ Mindi

Appellant

Maporu Mathias @ Masunga

Appellant

Maduhu Mashashi @ Ndege

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the trial court had jurisdiction to try economic crimes offences without the consent and certificate of the Director of Public Prosecutions
  2. 2 Whether the proceedings and convictions were a nullity due to lack of jurisdiction
  3. 3 Whether a retrial should be ordered for the fourth count

Ratio Decidendi

The trial court lacked jurisdiction to try economic crimes offences as the required consent and certificate from the DPP were not properly filed or endorsed; therefore, the proceedings and convictions are a nullity and must be quashed, with a retrial ordered for the fourth count only.

Court Disposition

Appeal allowed; proceedings and convictions quashed; sentences set aside; retrial ordered for fourth count only.

Orders

  • Matter remitted to Bariadi District Court for retrial on fourth count before another magistrate of competent jurisdiction.
  • Appellants to remain in custody pending retrial.