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Tanzania Case Law

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Criminal law sitta sabale vs republic 2023 tzhc 22332 2 november 2023

sitta sabale vs republic 2023 tzhc 22332 2 november 2023

The Bariadi District Court lacked jurisdiction to try the appellant due to defective prosecutorial consent and certificate of transfer, which failed to specify the offence-creating provisions, rendering the proceedings a nullity.

  • Jurisdiction of subordinate courts
  • Prosecutorial consent
  • Certificate of transfer
  • Unlawful possession of government trophy
  • Unlawful hunting
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Criminal law nyembi chagu shija vs republic 2023 tzhc 18346 14 june 2023

nyembi chagu shija vs republic 2023 tzhc 18346 14 june 2023

The High Court allowed the appeal on the first count, holding that defective DPP consent and a missing certificate of transfer deprived the trial court of jurisdiction.

  • Jurisdiction
  • Defective consent
  • Certificate of transfer
  • Unlawful possession of government trophy
  • Unlawful possession of weapons
  • Economic-offences
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Criminal law shusha sita vs republic 2022 tzca 707 11 november 2022

shusha sita vs republic 2022 tzca 707 11 november 2022

The Court of Appeal held the District Court lacked jurisdiction because the DPP’s transfer certificate was issued under the wrong EOCCA provision, nullifying the trial.

  • Jurisdiction
  • Procedural irregularity
  • Certificate of transfer
  • Economic and non-economic offences
  • Procedural-irregularity
  • Certificate-of-transfer
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Criminal law william kilunga vs republic 2021 tzca 399 24 august 2021

william kilunga vs republic 2021 tzca 399 24 august 2021

The District Court of Bariadi lacked jurisdiction to try the combination of economic and non-economic offences as the certificate was improperly issued under section 12(3) instead of section 12(4) of the EOCCA; consequently, the entire proceedings, conviction, and sentence are null and void and must be quashed without an order for retrial.

  • Jurisdiction
  • Economic offences
  • Nullity of proceedings
  • Certificate of transfer
  • Fair trial
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Criminal law 20190813 TZHC Mwanza

20190813 TZHC Mwanza

The High Court nullified a district court conviction for an economic offence, holding that the trial court lacked jurisdiction without DPP consent and a certificate of transfer.

  • Jurisdiction
  • Consent of dpp
  • Certificate of transfer
  • Quashing conviction
  • Retrial
  • Criminal-appeal
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Criminal law hashimu athumani another vs republic 2019 tzca 8 25 february 2019

hashimu athumani another vs republic 2019 tzca 8 25 february 2019

The Court of Appeal held that a resident magistrate lacked jurisdiction to try combined economic and non-economic offences under a section 12(3) EOCCA certificate.

  • Jurisdiction
  • Malicious injury to property
  • Occasioning loss to specified authority
  • Certificate of transfer
  • Combination of economic and non-economic offences
  • Economic-crimes
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Criminal law director of public prosecutions vs petro joseph mwarabau another 2019 tzca 6 25 february 2019

director of public prosecutions vs petro joseph mwarabau another 2019 tzca 6 25 february 2019

The Court of Appeal held that a subordinate court lacked jurisdiction where the DPP’s certificate was issued under the wrong EOCCA provision for a mixed charge.

  • Jurisdiction
  • Certificate of transfer
  • Unlawful possession of government trophy
  • Failure to report unlawful possession
  • Criminal-procedure
  • Court-jurisdiction
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Criminal law 20180718 TZCA Mwanza3

20180718 TZCA Mwanza3

The District Court of Bunda lacked jurisdiction to try the combined economic and non-economic offences due to absence of proper consent and certificate from the DPP, rendering the trial and all subsequent proceedings a nullity.

  • Jurisdiction
  • Economic offences
  • Consent of dpp
  • Certificate of transfer
  • Nullity of proceedings
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Criminal law 20171012 TZCA Iringa 1

20171012 TZCA Iringa 1

The District Court lacked jurisdiction to try the economic offences as the trial commenced without the mandatory consent of the DPP and without a complete certificate of transfer; therefore, all proceedings, convictions, and sentences are nullities.

  • Jurisdiction
  • Consent of dpp
  • Certificate of transfer
  • Unlawful possession of government trophy
  • Unlawful possession of ammunition
  • Procedural nullity
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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.