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The High Court allowed a civil appeal after finding a money-lending loan agreement unenforceable because the respondent lacked a valid business licence.
The Court of Appeal upheld forfeiture of properties, vehicles, and bank funds traced to a pyramid scheme, holding that notice to interested parties was sufficient.
The 1st appellant was not legally authorized to conduct money lending business or charge interest, rendering the loan agreement and interest unenforceable. Since the principal sum was repaid, the respondent is entitled to the return of her security.
Source excerpt
The orders of the trial and first appellate courts directing refund of money to DECI (T) Ltd. members and involving the BOT were erroneous because they failed to follow the mandatory procedure under the Proceeds of Crime Act for forfeiture and distribution of tainted property after pyramid scheme convictions. The 2012 amendment to the Anti-Money Laundering Act, which made pyramid schemes predicate offences, applies retrospectively as a procedural law. The defence of innocent owner could only be properly considered through the PCA process, which was not followed.
Source excerpt
The trial and first appellate courts erred in ordering refund of money to DECI (T) Ltd. members and directing the BOT to arrange the refund without following the mandatory procedure under the Proceeds of Crime Act (PCA), as amended to include pyramid schemes as predicate offences. The defence of innocent owner was improperly accorded without hearing the members. The proper procedure requires the DPP to apply for forfeiture under the PCA, with notice and opportunity to be heard for interested parties. The 2012 amendment to the Anti-Money Laundering Act, which brought pyramid schemes within the…
Source excerpt
The High Court allowed the appeal, holding that the Ward Tribunal lacked pecuniary jurisdiction over a dispute involving a house valued at Tshs. 11,000,000.
The High Court held that the appellant’s guilty plea was equivocal, quashed the convictions and sentences, but ordered a retrial before another magistrate.
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