19790514 TZHC Tanga3

19790514 TZHC Tanga3

Convictions were invalid as the Assistant Price Commissioner for Korogwe District lacked legal authority due to absence of gazetted delegation; appellant's plea was not equivocal but convictions lacked legal foundation.

Citation
19790514 TZHC Tanga3
Parties
Appellant: Mohamed Haji; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 May 1979
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Controlled Goods, Price Regulation, Delegation of Authority
Source Language
English

Case Brief

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Parties

Mohamed Haji

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the appellant's plea was unequivocal
  2. 2 Whether the Assistant Price Commissioner for Korogwe District had legal authority to control prices

Ratio Decidendi

Convictions were invalid as the Assistant Price Commissioner for Korogwe District lacked legal authority due to absence of gazetted delegation; appellant's plea was not equivocal but convictions lacked legal foundation.

Court Disposition

appeal allowed

Orders

  • convictions quashed
  • sentences set aside