Tanzania Case Law

MT 100847 Cpl Hassan Yusuph Abdulla vs The Judge Advocate General Court Martial Appeal 23815 of 2024 2025 TZHC 517 25 February 2025

Court

TZHC

The General Court Martial lacked jurisdiction to try the appellant for an offence under the National Security Act, 1970 without the mandatory written consent of the Director of Public Prosecutions. The proceedings and resultant judgment were null and void and must be set aside. In the interests of justice, a retrial (trial de novo) is ordered.

Source excerpt

• Jurisdiction
• Nullity of proceedings
• Requirement of dpp consent
• Retrial
• Possession of offensive weapons

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CRIMINAL APPEAL NO 132 OF 2023 SAID ADAM HIJA VS THE REPUBLIC

Court

TANZLII

The trial was a nullity for want of the DPP's consent as required by section 26(1) of the EOCCA. The defect affected the proceedings from the trial stage. Given the seriousness of the offence and the sufficiency of the prosecution evidence, the interests of justice require an order for retrial.

Source excerpt

• Trafficking in narcotic drugs
• Requirement of dpp consent
• Nullity of proceedings
• Retrial

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20180523 TZHC Dar es Salaam

Court

TZHC

The High Court quashed criminal appeal proceedings for lack of endorsed DPP consent and certificate, and ordered a retrial.

• Possession of government trophies
• Requirement of dpp consent
• Economic and organised crime control
• Quashing of proceedings
• Retrial
• Criminal-appeal

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moshi raphael vs republic 2012 tzca 224 4 july 2012

Court

TZCA

The prosecution and trial of the appellant were invalid in law because they commenced without the prior consent of the Director of Public Prosecutions as required by section 162 of the Penal Code at the material time. Subsequent or posthumous consent does not cure the illegality. All proceedings, convictions, and sentences are null and void.

Source excerpt

• Incest by male
• Requirement of dpp consent
• Jurisdiction of subordinate courts
• Invalid prosecution

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moshi raphael vs republic 2012 tzca 72 4 july 2012

Court

TZCA

The prosecution and trial of the appellant were invalid in law as they commenced without the prior consent of the Director of Public Prosecutions, rendering all subsequent proceedings, convictions, and sentences null.

Source excerpt

• Incest by male
• Requirement of dpp consent
• Jurisdiction of subordinate courts
• Validity of criminal proceedings

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