20130503 TZHC Dar es Salaam

20130503 TZHC Dar es Salaam

There was no tangible evidence that the DPP abused his powers in entering Nolle Prosequi; the action was justified by the need to correct procedural errors. However, counts 2, 3, and 4 under the Prevention of Terrorism Act were improperly constituted and are struck out.

Source-derived case information.

Citation
20130503 TZHC Dar es Salaam
Parties
Applicant: Wilfred Lwakatare; Applicant: Ludo Vick Rwezahura Joseph; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 May 2013
Procedural Posture
Miscellaneous Criminal Application / Ruling
Outcome
Counts 2, 3, and 4 struck out; DPP may pursue remaining count in appropriate court.
Legal Topics
Nolle Prosequi, Abuse of Process, Jurisdiction, Terrorism Offences, Revisionary Powers
Source Language
english
Criminal Law Constitutional Law Nolle Prosequi Abuse of Process Jurisdiction Terrorism Offences Revisionary Powers

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Parties

Wilfred Lwakatare

Applicant

Ludo Vick Rwezahura Joseph

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling

Legal Issues

  1. 1 Whether the entry of Nolle Prosequi was an abuse of process
  2. 2 Whether the charges under the Prevention of Terrorism Act were properly constituted
  3. 3 Whether the subordinate court had jurisdiction to entertain the charges

Ratio Decidendi

There was no tangible evidence that the DPP abused his powers in entering Nolle Prosequi; the action was justified by the need to correct procedural errors. However, counts 2, 3, and 4 under the Prevention of Terrorism Act were improperly constituted and are struck out.

Court Disposition

Counts 2, 3, and 4 struck out; DPP may pursue remaining count in appropriate court.

Orders

  • Counts 2, 3, and 4 under the Prevention of Terrorism Act struck out from the charge.
  • DPP may pursue the remaining count in a court with competent jurisdiction.