20180830 TZCA Tabora

20180830 TZCA Tabora

The trial court lacked jurisdiction to try economic crimes counts due to absence of DPP's consent and certificate; proceedings and convictions are nullities and must be quashed; retrial is appropriate for the fourth count only.

Citation
20180830 TZCA Tabora
Parties
Appellant: Mabula Mela @ Mindi; Appellant: Maporu Mathias @ Masunga; Appellant: Maduhu Mashashi @ Ndege; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 August 2018
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 without DPP's consent and certificate
  2. 2 Whether proceedings and convictions are valid in absence 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 counts due to absence of DPP's consent and certificate; proceedings and convictions are nullities and must be quashed; retrial is appropriate for the fourth count only.

Court Disposition

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

Orders

  • Proceedings and judgments of trial and appellate courts quashed.
  • Sentences set aside.