Tanzania Case Law

justine baruti zorlos vs the director of public prosecutions dpp 2023 tzca 17736 6 october 2023

Court

TZCA

The absence of a formally filed and admitted charge sheet, DPP's consent, and certificate deprived the District Court of jurisdiction to try the appellant for economic offences, rendering the entire proceedings, conviction, and sentence a nullity. A retrial is not appropriate where the foundational charge is non-existent.

Source excerpt

• Jurisdiction of subordinate courts
• Arraignment procedures
• Economic and organised crimes
• Wildlife offences
• Nullity of proceedings due to procedural defects

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zakayo aginiwe sanga vs republic 2022 tzhc 15355 21 december 2022

Court

TZHC

The applicant is charged with transporting 161 kg of mirungi, which exceeds the statutory threshold for bail eligibility under section 29(1)(b) of the Drugs Control and Enforcement Act and section 36(4)(f) of EOCCA; therefore, the court has no jurisdiction to grant bail.

Source excerpt

• Bail
• Drug offences
• Economic and organised crimes

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CRM APP

Court

TANZLII

The proceedings and convictions were a nullity for want of jurisdiction due to lack of proper consent and certificate from the DPP as required by law; retrial was not ordered as it would occasion injustice and allow the prosecution to fill evidentiary gaps.

Source excerpt

• Jurisdiction
• Economic and organised crimes
• Wildlife offences
• Procedural irregularities
• Consent of dpp
• Retrial principles

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kidua mafyeko vs republic 2017 tzhc 2021 3 august 2017

Court

TZHC

The conviction was quashed because all prosecution exhibits were improperly tendered by the prosecutor rather than witnesses, making them inadmissible. Without these exhibits and other crucial documents such as the search warrant and certificate of seizure, the prosecution's evidence was insufficient to sustain a conviction beyond reasonable doubt.

Source excerpt

• Unlawful possession of government trophy
• Admissibility of evidence
• Procedure for tendering exhibits
• Burden of proof
• Economic and organised crimes

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ramadhani mlindwa vs republic 2015 tzca 405 4 december 2015

Court

TZCA

The Court of Appeal held that a judge who had earlier consented to prosecute the case should not have heard the appeal, as apparent bias breached natural justice.

• Natural justice
• Bias
• Right to fair hearing
• Economic and organised crimes
• Natural-justice
• Fair-hearing

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ramadhani mlindwa vs republic 2015 tzca 575 4 december 2015

Court

TZCA

The first appellate judge violated the rule against bias by hearing an appeal in a case for which he had previously consented to prosecution as Director of Public Prosecutions. This breach of natural justice renders the High Court's decision void, regardless of whether actual bias existed or whether the outcome would have been the same.

Source excerpt

• Natural justice
• Bias
• Right to fair hearing
• Economic and organised crimes

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ahamad so hamisi nampamba others vs republic 2013 tzhc 2135 26 june 2013

Court

TZHC

The High Court allowed a criminal appeal over unlawful possession of elephant tusks, finding material contradictions in prosecution evidence that created reasonable doubt.

• Unlawful possession of government trophies
• Contradictions in prosecution evidence
• Standard of proof beyond reasonable doubt
• Economic and organised crimes
• Criminal-appeal
• Wildlife-offences

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19870731 TZHC Dar es Salaam

Court

TZHC

The High Court granted leave to appeal out of time, finding the application raised important points of law despite delay.

• Leave to appeal out of time
• Possession of unlawfully acquired property
• Economic and organised crimes
• Leave-to-appeal-out-of-time
• Criminal-appeal-procedure
• Penal-code

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