19800717 TZHC Arusha

19800717 TZHC Arusha

The purported compounding of offences by the Regional Trade Officer was null and void because the Act does not authorize Assistant Price Commissioners to delegate their powers to other officers, and no valid appointment under section 7(5) was shown.

Citation
19800717 TZHC Arusha
Parties
Appellant: M/S Arusha Sundries; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 July 1980
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Delegation of Authority, Compounding of Offences, Natural Justice
Source Language
English
Administrative Law Criminal Law Delegation of Authority Compounding of Offences Natural Justice

Case Brief

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Parties

M/S Arusha Sundries

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the Regional Trade Officer had legal authority to compound offences under the Regulation of Prices Act 1973
  2. 2 Whether the delegation of compounding powers by Assistant Price Commissioners is valid under the Act

Ratio Decidendi

The purported compounding of offences by the Regional Trade Officer was null and void because the Act does not authorize Assistant Price Commissioners to delegate their powers to other officers, and no valid appointment under section 7(5) was shown.

Court Disposition

appeal allowed

Orders

  • The fines paid by the appellant are to be refunded to him.