dpp vs owden kasanja 2011 tzca 50 18 november 2011

dpp vs owden kasanja 2011 tzca 50 18 november 2011

The District Court of Arusha lacked jurisdiction to try the economic offence as per the D.P.P.'s certificate; proceedings and judgments of both lower courts are nullified and set aside. Whether to prosecute afresh is left to the D.P.P.'s discretion, not the Court's order.

Source-derived case information.

Citation
dpp vs owden kasanja 2011 tzca 50 18 november 2011
Parties
Appellant: THE D.P.P.; Respondent: Owden Kasanja; Respondent: Ramadhani Nyonyi; Respondent: Mrs. Eva Msamo; Respondent: Zuhura Macha Mnyimwa; Respondent: Lt. Matoke Musabi Muniro; Respondent: Zuhura Mbulu; Respondent: Vitus Henry Mhagama; Respondent: Magrareth Joyce Kumalija; Respondent: Evarist Muze; Respondent: Lucas Masigazwa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 November 2011
Procedural Posture
Criminal Appeal / Court of Appeal Ruling on Jurisdiction and Retrial
Outcome
proceedings and judgments of both lower courts nullified and set aside; decision to prosecute afresh left to D.P.P.'s discretion
Legal Topics
Jurisdiction, Retrial, Economic Crimes, Public Service Offences
Source Language
english
Criminal Law Criminal Procedure Jurisdiction Retrial Economic Crimes Public Service Offences

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

THE D.P.P.

Appellant

Owden Kasanja

Respondent

Ramadhani Nyonyi

Respondent

Mrs. Eva Msamo

Respondent

Zuhura Macha Mnyimwa

Respondent

Lt. Matoke Musabi Muniro

Respondent

Zuhura Mbulu

Respondent

Vitus Henry Mhagama

Respondent

Magrareth Joyce Kumalija

Respondent

Evarist Muze

Respondent

Lucas Masigazwa

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Ruling on Jurisdiction and Retrial

Legal Issues

  1. 1 Whether the District Court of Arusha had jurisdiction to try economic offences under the Economic and Organised Crimes Control Act
  2. 2 Whether a retrial should be ordered after nullification of proceedings for want of jurisdiction

Ratio Decidendi

The District Court of Arusha lacked jurisdiction to try the economic offence as per the D.P.P.'s certificate; proceedings and judgments of both lower courts are nullified and set aside. Whether to prosecute afresh is left to the D.P.P.'s discretion, not the Court's order.

Court Disposition

proceedings and judgments of both lower courts nullified and set aside; decision to prosecute afresh left to D.P.P.'s discretion

Orders

  • Proceedings and judgments of District Court and High Court quashed and set aside.
  • Respondents to remain at liberty unless lawfully held for another cause.