19701021 TZHC Mwanza2

19701021 TZHC Mwanza2

The charge was defective for failing to allege the agency relationship and the facts did not disclose an offence under section 3(2) as Elias Kishiwa was not acting in relation to his principal's affairs or business.

Source-derived case information.

Citation
19701021 TZHC Mwanza2
Parties
Appellant: Mwifa Jibeja; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 October 1970
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Corruption, Agency, Defective Charge
Source Language
english
Criminal Law Corruption Agency Defective Charge

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mwifa Jibeja

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the charge under section 3(2) of the Prevention of Corruption Ordinance was properly laid
  2. 2 Whether Elias Kishiwa was an agent within the meaning of the Ordinance

Ratio Decidendi

The charge was defective for failing to allege the agency relationship and the facts did not disclose an offence under section 3(2) as Elias Kishiwa was not acting in relation to his principal's affairs or business.

Court Disposition

appeal allowed

Orders

  • conviction set aside
  • sentence set aside