20170522 TZHC Dar es Salaam

20170522 TZHC Dar es Salaam

The court found that the defendants entered and searched the plaintiff's rooms, and the search was unlawful due to lack of proper procedure, including absence of a valid warrant and exclusion of the plaintiff and local leaders as witnesses. The plaintiff was deprived of his property and entitled to compensation.

Citation
20170522 TZHC Dar es Salaam
Parties
Plaintiff: Volustin E. Tesha; 1st Defendant: The Attorney General; 2nd Defendant: Director General, Prevention and Combating of Corruption Bureau (PCCB)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 May 2017
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Illegal Search and Seizure, Government Liability, Compensation for Loss, Property Rights
Source Language
English
Constitutional Law Tort Law Administrative Law Illegal Search and Seizure Government Liability Compensation for Loss Property Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Volustin E. Tesha

Plaintiff

The Attorney General

1st Defendant

Director General, Prevention and Combating of Corruption Bureau (PCCB)

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants entered the plaintiff's room and conducted a search
  2. 2 Whether the defendants' act was lawful
  3. 3 Whether the plaintiff was deprived of his right to ownership and possession of his properties

Ratio Decidendi

The court found that the defendants entered and searched the plaintiff's rooms, and the search was unlawful due to lack of proper procedure, including absence of a valid warrant and exclusion of the plaintiff and local leaders as witnesses. The plaintiff was deprived of his property and entitled to compensation.

Court Disposition

Judgment for the plaintiff

Orders

  • Declaration that the breaking into plaintiff's room and office was illegal and unjustified
  • Order for defendants to pay plaintiff 10,000 US dollars unlawfully seized