19890425 TZHC Lindi

19890425 TZHC Lindi

The court lacks jurisdiction to try the case because it was instituted after the 1987 amendment, which restricts jurisdiction to cases where the monetary value of loss exceeds Shs. 1,000,000, and this case does not meet that threshold.

Citation
19890425 TZHC Lindi
Parties
Prosecution: State; Defendant: [Unnamed Accused]
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 April 1989
Procedural Posture
Economic Crime Case / Ruling on Jurisdiction
Outcome
Case dismissed for want of jurisdiction
Legal Topics
Jurisdiction, Retrospective Application of Law, Economic and Organised Crime Act
Source Language
English
Criminal Law Economic Crimes Jurisdiction Retrospective Application of Law Economic and Organised Crime Act

Case Brief

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Parties

State

Prosecution

[Unnamed Accused]

Defendant

Procedural Posture

Economic Crime Case / Ruling on Jurisdiction

Legal Issues

  1. 1 Whether the court has jurisdiction to try an offence under paragraph 11(1) of the First Schedule to the Economic and Organised Crime Act 1984 as amended by Act 12/1987 when the monetary value of the loss is less than Shs. 1,000,000 and the offence was committed before the amendment

Ratio Decidendi

The court lacks jurisdiction to try the case because it was instituted after the 1987 amendment, which restricts jurisdiction to cases where the monetary value of loss exceeds Shs. 1,000,000, and this case does not meet that threshold.

Court Disposition

Case dismissed for want of jurisdiction

Orders

  • Case to be tried by a court competent to try it
  • Right of appeal explained