Tanzania Case Law

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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john elisha mgamo vs the republic 2024 tzhc 861 13 march 2024

Court

TZHC

The trial was a nullity because the consent to prosecute was issued by an officer subordinate to the DPP under the wrong section of the EOCCA, depriving the trial court of jurisdiction. The proceedings, conviction, and sentence were quashed and set aside. A retrial was not ordered because the prosecution's evidence was insufficient once the improperly admitted inventory was expunged.

Source excerpt

• Jurisdiction
• Consent to prosecute
• Unlawful possession of government trophy
• Procedural irregularity
• Retrial

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kulwa kashiki vs republic 2023 tzca 17928 12 december 2023

Court

TZCA

The trial and appellate proceedings were a nullity due to lack of valid consent to prosecute and a defective certificate conferring jurisdiction, depriving the trial court of jurisdiction to try the appellant.

Source excerpt

• Jurisdiction
• Consent to prosecute
• Defective charge
• Search and seizure
• Unlawful possession of government trophy

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emmanuel brayson msuya vs the republic 2023 tzhc 22672 17 november 2023

Court

TZHC

The trial was a nullity because the consent to prosecute was issued by an officer subordinate to the DPP under section 26(1) of the EOCCA, which is not permitted by law. Consequently, the proceedings, conviction, and sentence are quashed. A retrial is not ordered as the prosecution's evidence was insufficient and a retrial would only serve to fill evidentiary gaps, contrary to established legal principles.

Source excerpt

• Jurisdiction
• Consent to prosecute
• Unlawful possession of government trophies
• Retrial principles

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ghati mwikwabe sasi vs republic 2023 tzca 17814 9 november 2023

Court

TZCA

The consent to prosecute was issued by an unauthorized officer under section 26(1) of the EOCCA, rendering the proceedings, conviction, and sentence a nullity for lack of jurisdiction; a retrial is ordered.

Source excerpt

• Jurisdiction
• Consent to prosecute
• Economic offences
• Retrial

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jackson omari muna another vs the republic 2023 tzhc 22397 7 november 2023

Court

TZHC

The trial court lacked jurisdiction as the consent to prosecute was issued by a person without mandate under section 26(1) EOCCA, rendering the proceedings, conviction, and sentence null; no retrial is ordered due to lack of admissible evidence.

Source excerpt

• Jurisdiction
• Unlawful possession of government trophy
• Consent to prosecute
• Admissibility of evidence

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salum so saad rashid vs the director of public prosecutions dpp 2023 tzca 17737 6 october 2023

Court

TZCA

The trial court lacked jurisdiction to try the appellant for economic offences because the required consent to prosecute was not issued by the DPP as mandated by law, rendering the proceedings, convictions, and sentences a nullity.

Source excerpt

• Jurisdiction
• Economic offences
• Consent to prosecute
• Quashing of conviction
• Retrial

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sandu john vs the director of public prosecutions 2023 tzca 17719 4 october 2023

Court

TZCA

The trial and appellate proceedings were a nullity due to lack of valid consent from the Director of Public Prosecutions as required by law, and the improper admission of documentary evidence further undermined the prosecution's case. A retrial would be unjust as it would allow the prosecution to fill evidentiary gaps, resulting in a miscarriage of justice.

Source excerpt

• Jurisdiction
• Consent to prosecute
• Economic and organized crimes
• Wildlife offences
• Admissibility of evidence
• Retrial

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shenda musa shenda others vs republic 2023 tzca 17395 12 july 2023

Court

TZCA

The trial court acted without jurisdiction because the consent to prosecute did not specify the economic offences, rendering the proceedings, convictions, and sentences a nullity. The deficiencies in the prosecution's evidence preclude an order for retrial.

Source excerpt

• Jurisdiction
• Consent to prosecute
• Wildlife offences
• Economic and organized crime control
• Retrial principles

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issa mustapha gora another vs republic 2022 tzca 638 19 october 2022

Court

TZCA

The Court of Appeal upheld the 1st appellant’s conviction for unlawful possession of government trophies but allowed the 2nd appellant’s appeal for lack of proof of common intention.

• Unlawful possession of government trophy
• Unlawful dealing in government trophy
• Chain of custody
• Search and seizure
• Sentencing
• Variance between charge and evidence

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