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Tanzania decisions
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The appeal was dismissed as incompetent for failure to comply with statutory requirements for a petition of appeal. Even if competent, the appellants failed to establish the legal prerequisites for leave to conduct private prosecution, including specifying offences, time, jurisdiction, and DPP inertia or partiality.
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Leave for private prosecution should not be granted unless the magistrate judicially applies his mind to the essential ingredients of the offence and the circumstances justifying prosecution; in this case, neither the magistrate nor the appellate judge satisfied themselves that reasonable and probable cause existed.
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