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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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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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 APPEAL NO

Court

TANZLII

Failure to attach a new DPP consent after amending particulars of the charge did not vitiate jurisdiction as the offence and accused remained the same; prosecution failed to prove abuse of position beyond reasonable doubt as there was insufficient evidence of illegal search or undue advantage.

Source excerpt

• Abuse of position
• Corrupt transactions
• Search and seizure
• Consent of dpp
• Burden of proof

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samwel qambina dukho vs the republic 2023 tzhc 22647 16 november 2023

Court

TZHC

The High Court quashed a criminal conviction for economic offences because the DPP consent was defective, but ordered a retrial on fairness grounds.

• Defective consent
• Jurisdiction
• Retrial
• Embezzlement
• Abuse of position
• Stealing

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hamisi raphael bandari vs republic 2023 tzhc 22820 30 october 2023

Court

TZHC

The High Court of Tanzania allowed a criminal appeal, holding that the prosecution had not proved abuse of position, property damage, or loss beyond reasonable doubt.

• Abuse of position
• Damaging property used for necessary service
• Occasioning loss to a specified authority
• Standard of proof
• Chain of custody
• Credibility of witnesses

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amos jeremiah kusaja 8 others vs republic 2023 tzhc 21962 23 october 2023

Court

TZHC

The High Court granted bail to nine applicants in an economic crimes case, imposing cash, surety, reporting, and travel restrictions.

• Bail
• Organized crime
• Abuse of position
• Economic and organised crimes control
• Prevention and combating of corruption
• Economic-crimes

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mathias augustino lukala v the republic 2023 tzhc 17540 5 may 2023

Court

TZHC

The High Court allowed a criminal appeal, quashed the conviction, and held the trial proceedings a nullity for lack of properly admitted DPP consent and certificate.

• Jurisdiction
• Fair hearing
• Admission of evidence
• Chain of custody
• Abuse of position
• Use of misleading documents

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robert kadaso mageni vs republic 2023 tzhc 16456 31 march 2023

Court

TZHC

The appellant was not a public servant at the time of the proceedings, so administrative or civil remedies were not available. The trial court had jurisdiction to entertain the criminal matter, and the preliminary objection had no merit.

Source excerpt

• Abuse of position
• Occasioning loss to authority
• Exhaustion of administrative remedies
• Jurisdiction
• Preliminary objection

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deus gracewell seif and another vs republic 2023 tzhc 16093 10 march 2023

Court

TZHC

The prosecution failed to prove beyond reasonable doubt that the appellants abused their positions or diverted funds as charged. There were material contradictions in the prosecution evidence, lack of credible proof of payment to the appellants, improper reliance on secondary documentary evidence, and failure to establish that the diverted property belonged to the Government or its agent. The trial court misapprehended evidence and considered extraneous matters. The convictions and sentences cannot stand.

Source excerpt

• Abuse of position
• Diversion of funds
• Defective charge
• Variance between charge and evidence
• Admissibility of evidence
• Burden of proof

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