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Tanzania Case Law

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Criminal law KOMANYA FINAL 2

KOMANYA FINAL 2

Court
TANZLII

The trial magistrate correctly applied section 228(4) of the CPA when the appellants refused to plead due to absence of their advocates, and there was no violation of the right to be heard. The prosecution was ready to proceed with witnesses at the appropriate stage, and there was no abuse of power by the DPP in re-arresting and re-charging the appellants. The alleged extraneous matters in the trial court's ruling were judicial comments and not the basis of the decision. All grounds of appeal lack merit.

Source excerpt

  • Abuse of position
  • Embezzlement
  • Money laundering
  • Right to fair hearing
  • Nolle prosequi
  • Re-arrest and re-institution of charges
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Criminal law Petro Misana Judgment

Petro Misana Judgment

Court
TANZLII

The consent to prosecute was invalid as it was issued by the Regional Prosecution Officer under section 26(1) EOCCA, a power solely vested in the DPP and non-delegable. The trial court therefore lacked jurisdiction, rendering the proceedings, conviction, and sentence a nullity. The defect is not curable under section 388 of the CPA. A retrial is ordered before a competent magistrate.

Source excerpt

  • Embezzlement
  • Misappropriation
  • Abuse of position
  • Jurisdiction
  • Consent to prosecute
  • Delegation of prosecutorial powers
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Criminal law Respicius Ruling

Respicius Ruling

Court
TANZLII

The High Court at Mwanza granted bail to the applicant in an economic crimes case, subject to strict statutory conditions because the alleged loss exceeded TZS 2 billion.

  • Bail
  • Embezzlement
  • Misappropriation
  • Organized crime
  • Public official misconduct
  • Economic-crimes
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Criminal law Yusta Misc Criminal Application No 26507

Yusta Misc Criminal Application No 26507

Court
TANZLII

The High Court granted bail to five applicants in an economic offences case, imposing statutory cash deposit, surety, travel, and attendance conditions.

  • Bail
  • Economic and organized crime control
  • Forgery
  • Embezzlement
  • Misappropriation
  • Public interest
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Criminal law DPP VS ABDUKADRI HUSSEIN LWASSA

DPP VS ABDUKADRI HUSSEIN LWASSA

Court
TANZLII

The High Court granted an ex parte restraining order over land with two houses in Mwanza, finding reasonable grounds to link the property to alleged proceeds of serious economic crimes.

  • Restraining order
  • Tainted property
  • Money laundering
  • Embezzlement
  • Organized crime
  • Restraining-order
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Criminal law final Judgment NGIROLITI 1 1

final Judgment NGIROLITI 1 1

Court
TANZLII

Denial of adjournment for newly engaged advocate and proceeding with hearing in absence of appellant's advocate constituted denial of fair hearing and legal representation, rendering the trial defective and conviction a nullity.

Source excerpt

  • Fair trial
  • Right to legal representation
  • Adjournment
  • Natural justice
  • Economic crimes
  • Embezzlement
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Criminal law andrew peter andrew rutabagisha andrew joseph v the republic 2023 tzhc 23785 20 november 2023

andrew peter andrew rutabagisha andrew joseph v the republic 2023 tzhc 23785 20 november 2023

Court
TZHC

The High Court allowed a criminal appeal, holding that the prosecution failed to prove embezzlement beyond reasonable doubt and quashed the conviction and sentence.

  • Embezzlement
  • Misappropriation
  • Use of false documents
  • Burden of proof
  • Chain of custody
  • Criminal-appeal
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.