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Tanzania decisions
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The Court of Appeal struck out this bail appeal as moot after the money laundering count was withdrawn by nolle prosequi during the appeal.
The trial and conviction of the appellants were a nullity because the 2nd appellant was tried after the charge against him was withdrawn and no substituted charge was read over to the appellants for plea taking, violating mandatory procedural requirements.
Source excerpt
Withdrawal of a criminal charge by the DPP before judgment is legally permissible and does not bar subsequent proceedings on the same facts; the High Court was not functus officio as no judgment had been delivered.
Source excerpt
The Court of Appeal held that the High Court had no power to withdraw the criminal case and order no rearrest, and that the parties were denied a fair hearing.
The High Court dismissed a revision challenge to the DPP’s withdrawal of criminal charges, holding that nolle prosequi was lawful and abuse claims required judicial review.
The High Court set aside a district court order withdrawing economic crime charges for lack of jurisdiction and ordered the case to start de novo.
The Court of Appeal held that a High Court bail order was deficient for failing to impose the mandatory cash deposit required where the alleged property value exceeded Tsh. 10 million.
The High Court at Moshi discharged two accused persons after the DPP entered a nolle prosequi in a murder case. The court ordered their release.
The High Court in Tabora withdrew the charge against the first accused and discharged him, then convicted two co-accused of manslaughter after guilty pleas.
The High Court quashed criminal convictions after holding that the appellant’s guilty plea was not unequivocal and that he could not steal his own money.
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