20111114 TZCA Arusha

20111114 TZCA Arusha

The District Court of Arusha lacked jurisdiction to try the economic offence as the D.P.P.'s certificate specified trial before a Court of a Resident Magistrate. The proceedings and judgments of both the District Court and the High Court are nullified and set aside. The decision to initiate a fresh prosecution is left to the discretion of the D.P.P., considering the interests of justice.

Citation
20111114 TZCA Arusha
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
14 November 2011
Procedural Posture
Criminal Appeal / Court of Appeal Ruling on Jurisdiction and Retrial After High Court Acquittal
Outcome
Proceedings and judgments of the District Court and High Court nullified and set aside for want of jurisdiction. Decision on retrial left to the D.P.P.'s discretion.
Legal Topics
Jurisdiction, Retrial, Economic Offences, Public Service Offences
Source Language
English
Criminal Law Criminal Procedure Jurisdiction Retrial Economic Offences Public Service Offences

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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 After High Court Acquittal

Legal Issues

  1. 1 Whether the District Court of Arusha had jurisdiction to try economic offences under the Economic and Organised Crimes Control Act, 1984
  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 the D.P.P.'s certificate specified trial before a Court of a Resident Magistrate. The proceedings and judgments of both the District Court and the High Court are nullified and set aside. The decision to initiate a fresh prosecution is left to the discretion of the D.P.P., considering the interests of justice.

Court Disposition

Proceedings and judgments of the District Court and High Court nullified and set aside for want of jurisdiction. Decision on retrial left to the D.P.P.'s discretion.

Orders

  • Proceedings and judgments in the District Court and High Court quashed and set aside.
  • Respondents to remain at liberty unless and until lawfully prosecuted afresh.