20160606 TZCA Dar es Salaam
Striking out the eighth count extinguished the criminal charge of money laundering, thus the trial court's order was final and not interlocutory. The High Court erred in holding otherwise.
- Citation
- 20160606 TZCA Dar es Salaam
- Parties
- Appellant: The Republic; Respondent: Harry Msamire Kitilya; Respondent: Shose Mori Sinare; Respondent: Sioi Graham Solomon
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 6 June 2016
- Procedural Posture
- Criminal Appeal / Appeal From High Court Ruling
- Outcome
- appeal allowed
- Legal Topics
- Interlocutory Orders, Money Laundering, Amendment of Charges
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Appellant
Harry Msamire Kitilya
Respondent
Shose Mori Sinare
Respondent
Sioi Graham Solomon
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court Ruling
Legal Issues
- 1 Whether the trial court's order striking out the eighth count was interlocutory or final
- 2 Whether the High Court erred in holding the prosecution could amend the charge sheet after the eighth count was struck out
Ratio Decidendi
Striking out the eighth count extinguished the criminal charge of money laundering, thus the trial court's order was final and not interlocutory. The High Court erred in holding otherwise.
Court Disposition
appeal allowed
Orders
- High Court order sustaining the preliminary objection quashed and set aside
- Record remitted to the High Court for hearing of the appeal before another Judge
Full Case Text
Judgment text and source record
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