Tanzania Case Law

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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director of public prosecution vs denis gaudence shirima 2024 tzhc 4 8 january 2024

Court

TZHC

When a nolle prosequi is entered, all related proceedings, including the committal, are extinguished. Upon re-arrest and re-institution of the case, a new committal proceeding before the subordinate court is required before the accused can be tried in the High Court. The District Court erred in refusing to proceed with the new committal proceeding.

Source excerpt

• Nolle prosequi
• Committal proceedings
• Re-institution of criminal cases
• Jurisdiction of courts
• Abuse of process

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the director of public prosecutiuon vs denis gaudence shirima 2023 tzhc 23472 20 december 2023

Court

TZHC

The notice of appeal was defective as it was titled to the Court of Appeal instead of the High Court, contrary to mandatory legal requirements, thus the appeal was incompetent and must be struck out, but leave to refile is granted due to apparent intention to appeal to the correct court.

Source excerpt

• Notice of appeal
• Jurisdiction
• Nolle prosequi
• Committal proceedings

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adjane abubakar vs republic 2023 tzca 17457 26 july 2023

Court

TZCA

The Court of Appeal dismissed a revision application challenging discharge after nolle prosequi and fresh committal proceedings following an earlier retrial order.

• Nolle prosequi
• Abuse of process
• Retrial
• Powers of director of public prosecutions
• Committal proceedings
• Nolle-prosequi

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hamis said luwongo vs republic 2023 tzhc 17269 28 april 2023

Court

TZHC

Although the ongoing committal proceedings at the subordinate court contravene section 91(3) of the CPA and amount to an abuse of process, the High Court lacks jurisdiction to revise or intervene in such proceedings before a committal order is made; the proper forum for the complaint is the presiding resident magistrate at the subordinate court.

Source excerpt

• Nolle prosequi
• Committal proceedings
• Jurisdiction
• Abuse of process
• Section 91(3) of cpa

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masumbuko madata matata sumbu vs republic 2023 tzhc 16780 31 march 2023

Court

TZHC

The High Court granted an application to extend time for filing a notice of appeal after finding sufficient cause and no fault on the applicant’s part.

• Extension of time
• Notice of appeal
• Murder conviction
• Retrial
• Nolle prosequi
• Extension-of-time

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CRIMINAL APPLICATION NO

Court

TANZLII

Termination of criminal proceedings by nolle prosequi renders prior committal proceedings inoperative; fresh committal proceedings for the same offence are not improper or res judicata. The law requires new committal proceedings if prosecution resumes charges after nolle prosequi.

Source excerpt

• Committal proceedings
• Nolle prosequi
• Abuse of process
• Res judicata
• Trafficking in narcotic drugs

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joyce john mushi vs republic 2021 tzca 684 22 november 2021

Court

TZCA

The Court of Appeal struck out this bail appeal as moot after the money laundering count was withdrawn by nolle prosequi during the appeal.

• Bail pending trial
• Money laundering
• Economic offences
• Withdrawal of charges
• Nolle prosequi
• Bail

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diaka brama kaba another vs republic 2020 tzca 1928 28 december 2020

Court

TZCA

The failure to amend or substitute the charge after the discharge of three co-accused by nolle prosequi, and to read over the amended charge to the remaining accused for a fresh plea, was a fatal irregularity that rendered the trial a nullity and occasioned a miscarriage of justice. This defect is not curable under section 388 of the CPA.

Source excerpt

• Defective charge
• Amendment of charge
• Nolle prosequi
• Fair trial
• Joinder of accused
• Duplicity in charge

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republic vs median boastice mwale others 2018 tzhc 2217 13 september 2018

Court

TZHC

Material differences between previous and current proceedings (number of witnesses, exhibits, counts) require a fresh committal order; initiation of fresh committal proceedings was necessary and lawful under section 246 of the CPA.

Source excerpt

• Money laundering
• Committal proceedings
• Nolle prosequi
• Abuse of process

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