Tanzania Case Law

omary hassan sambelwa another vs the republic 2024 tzhc 56 25 january 2024

Court

TZHC

The trial court lacked jurisdiction as the consent to prosecute was not issued by the DPP as required by law, rendering the proceedings, conviction, and sentence a nullity. A retrial is not warranted due to evidentiary deficiencies and to prevent the prosecution from filling gaps in its case.

Source excerpt

• Jurisdiction
• Consent of dpp
• Unlawful possession of government trophy
• Unlawful possession of weapon
• Procedure for prosecution of economic offences
• Retrial standards

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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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mbaraka jimwaga karumbete others vs republic 2023 tzca 17938 13 december 2023

Court

TZCA

The Court of Appeal nullified a criminal conviction after finding the DPP consent for economic offences was defective because it lacked specified offences.

• Jurisdiction
• Consent of dpp
• Procedural irregularities
• Chain of custody
• Seizure certificate
• Exhibit labelling

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emmanuel chacha keryoba others vs republic 2023 tzca 17823 10 november 2023

Court

TZCA

Court of Appeal quashed convictions after finding the DPP consent for EOCCA prosecution was invalid, rendering the trial and appellate proceedings null.

• Jurisdiction
• Economic and organised crime
• Consent of dpp
• Invalid proceedings
• Evidence admissibility
• Criminal-appeal

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amos mahiti machota vs republic 2023 tzca 17811 9 november 2023

Court

TZCA

The Court of Appeal nullified a criminal conviction for wildlife and economic offences after holding that invalid DPP consent deprived the trial court of jurisdiction.

• Jurisdiction
• Economic offences
• Consent of dpp
• Quashing conviction
• Retrial
• Criminal-appeal

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malegi shenye lusinga vs republic 2023 tzca 17394 11 july 2023

Court

TZCA

Court of Appeal held the trial court lacked jurisdiction over economic offences because the DPP consent and certificate did not specify the offences.

• Jurisdiction
• Economic crimes
• Consent of dpp
• Nullity of proceedings
• Chain of custody
• Economic-crimes

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norbert john mpili vs republic 2023 tzhc 19826 30 june 2023

Court

TZHC

The High Court allowed a criminal appeal after finding the guilty plea equivocal and the trial record defective, quashing the conviction and sentence.

• Plea of guilty
• Equivocal plea
• Unlawful entry into game reserve
• Unlawful possession of government trophy
• Unlawful possession of forest produce
• Destruction of vegetation

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chacha chiwa marangu vs republic 2023 tzca 17311 5 june 2023

Court

TZCA

The Court of Appeal held that the subordinate court lacked jurisdiction over the economic offences because the consent and transfer certificate were defective.

• Jurisdiction
• Consent of dpp
• Certificate conferring jurisdiction
• Wildlife offences
• Chain of custody
• Criminal-appeals

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CRIMINAL APPEAL NO

Court

TANZLII

The trial court lacked jurisdiction to try Economic Case No. 73 of 2020 as the required consent and certificate from the DPP were not properly issued for the case, rendering the proceedings and conviction a nullity. Additional procedural defects regarding chain of custody and seizure documentation further undermined the prosecution's case.

Source excerpt

• Jurisdiction
• Unlawful possession of government trophy
• Chain of custody
• Procedural defects
• Consent of dpp

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CR APP 20231213000039791 JOYCEMWITA VS REP

Court

TANZLII

The trial court lacked jurisdiction as the appellant was charged under section 15(2) of the Drugs Control and Enforcement Act, an economic offence requiring DPP's consent and certificate, which were absent. Furthermore, conviction was based on a provision not charged with, rendering the proceedings a nullity.

Source excerpt

• Jurisdiction
• Unlawful possession of narcotic drugs
• Economic offences
• Consent of dpp
• Defective charge

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