republic vs mohamed bushiri computer and another 2015 tzhc 2114 29 june 2015

republic vs mohamed bushiri computer and another 2015 tzhc 2114 29 june 2015

The Magistrate acted without jurisdiction as required legal procedures under Economic and Organized Crime Control Act were not followed; the withdrawal order was void and must be set aside.

Source-derived case information.

Citation
republic vs mohamed bushiri computer and another 2015 tzhc 2114 29 june 2015
Parties
Appellant: The Republic; Respondent: Mohamed Bushiri @Computer; Respondent: Hassan Hassani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 June 2015
Procedural Posture
Criminal Revision / Order in Revision
Outcome
order set aside; case to start denovo
Legal Topics
Jurisdiction, Withdrawal of Charges, Unlawful Possession of Government Trophies
Source Language
english
Criminal Law Economic Crimes Jurisdiction Withdrawal of Charges Unlawful Possession of Government Trophies

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Parties

The Republic

Appellant

Mohamed Bushiri @Computer

Respondent

Hassan Hassani

Respondent

Procedural Posture

Criminal Revision / Order in Revision

Legal Issues

  1. 1 Whether the trial court had jurisdiction to withdraw the charge under Section 225 of the Criminal Procedure Act without DPP consent and certificate under Economic and Organized Crime Control Act

Ratio Decidendi

The Magistrate acted without jurisdiction as required legal procedures under Economic and Organized Crime Control Act were not followed; the withdrawal order was void and must be set aside.

Court Disposition

order set aside; case to start denovo

Orders

  • The withdrawal order is set aside.
  • The case to start denovo.