19760922 TZHC Arusha

19760922 TZHC Arusha

The respondent's solicitation and receipt of money and cement were in relation to his official duties, and the absence of a formal charge against the complainant does not negate the offence under the Prevention of Corruption Act.

Citation
19760922 TZHC Arusha
Parties
Appellant: The Republic; Respondent: Omari Kusaga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 September 1976
Procedural Posture
Criminal Appeal / Judgment
Outcome
orders of acquittal set aside; conviction directed
Legal Topics
Corruption, Solicitation, Obtaining Bribes, Prevention of Corruption Act
Source Language
English
Criminal Law Corruption Solicitation Obtaining Bribes Prevention of Corruption Act

Case Brief

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Parties

The Republic

Appellant

Omari Kusaga

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether Omari Kusaga corruptly solicited and obtained money and cement in relation to his official duties
  2. 2 Whether the absence of a formal criminal charge against the complainant negates the offence under the Prevention of Corruption Act

Ratio Decidendi

The respondent's solicitation and receipt of money and cement were in relation to his official duties, and the absence of a formal charge against the complainant does not negate the offence under the Prevention of Corruption Act.

Court Disposition

orders of acquittal set aside; conviction directed

Orders

  • Case remitted to lower court for conviction and sentencing as charged
  • Respondent to be in custody pending sentencing