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Tanzania decisions
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The High Court refused to extend time for review, finding no apparent illegality on the face of the ruling and no sufficient cause for the delay.
The District Court erred in holding that the certificate conferring jurisdiction was issued under the wrong provision. The proper provision for mixed economic and non-economic offences is section 12(4) of EOCA, as interpreted by the Court of Appeal in Kurwa Limbu @ Musha v. R. The appeal is allowed and the District Court is ordered to proceed with the case from where it ended.
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The Civil Procedure Code and Companies Act do not mandate pleading or attaching board resolution for a company to institute a suit. The requirement depends on context, particularly internal company disputes. The preliminary objection lacks merit and is overruled.
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The High Court dismissed a civil appeal challenging strike-out of a company suit for lack of a board resolution authorizing the proceedings.
Withdrawal of criminal charges under section 98(a) of the Criminal Procedure Act does not constitute termination in favour of the plaintiff for purposes of malicious prosecution, as the prosecution remains open and no acquittal or final determination has been made.
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The High Court refused leave to appeal, holding that the application was incompetent because it relied on wrong legal provisions and raised no point of law.
The Principal Resident Magistrate was bound by the High Court decision (MWALUSANYA, J.) declaring subsection (5) of section 148 of the Criminal Procedure Act unconstitutional, as it was the only decision touching on paragraph (g), and the doctrine of precedent required adherence to the ratio decidendi of that ruling.
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