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Tanzania Case Law

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Criminal law KOMANYA FINAL 2

KOMANYA FINAL 2

The trial magistrate correctly applied section 228(4) of the CPA when the appellants refused to plead due to absence of their advocates, and there was no violation of the right to be heard. The prosecution was ready to proceed with witnesses at the appropriate stage, and there was no abuse of power by the DPP in re-arresting and re-charging the appellants. The alleged extraneous matters in the trial court's ruling were judicial comments and not the basis of the decision. All grounds of appeal lack merit.

  • Abuse of position
  • Embezzlement
  • Money laundering
  • Right to fair hearing
  • Nolle prosequi
  • Re-arrest and re-institution of charges
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Criminal law Robert Simon Kisena

Robert Simon Kisena

The High Court rejected a plea of autrefois acquit, holding that the earlier case concerned an extract resolution, while this case concerns different minutes.

  • Autrefois acquit
  • Double jeopardy
  • Forgery
  • Uttering false documents
  • Money laundering
  • Abuse of process
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Criminal law Kisena Judgement

Kisena Judgement

The High Court acquitted four accused persons of 33 counts including forgery, uttering false documents, money laundering, organized crime and pecuniary loss.

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Criminal law DPP VS CHASAMA

DPP VS CHASAMA

The applicant demonstrated on the balance of probabilities that the seized cash and motor vehicle are tainted properties connected to serious offences, and statutory conditions for a restraining order under sections 38(1) and 39(3) of the Proceeds of Crime Act were satisfied.

  • Restraining orders
  • Tainted property
  • Money laundering
  • Unauthorized trading of minerals
  • Forfeiture
  • Serious offences
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Criminal law DPP VS ABDUKADRI HUSSEIN LWASSA

DPP VS ABDUKADRI HUSSEIN LWASSA

The High Court granted an ex parte restraining order over land with two houses in Mwanza, finding reasonable grounds to link the property to alleged proceeds of serious economic crimes.

  • Restraining order
  • Tainted property
  • Money laundering
  • Embezzlement
  • Organized crime
  • Restraining-order
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Criminal law anold jifike nzali others vs republic 2023 tzhc 22778 25 september 2023

anold jifike nzali others vs republic 2023 tzhc 22778 25 september 2023

Applicants are entitled to bail as the offences are bailable and the prosecution does not object; bail conditions must reflect the statutory requirement to deposit half the value of the alleged crime, shared among all accused, and ensure their appearance in court.

  • Bail
  • Economic and organized crime
  • Cyber crimes
  • Money laundering
  • Presumption of innocence
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Criminal law mawazo saliboko shagi 7 others vs the director of public prosecutions 2023 tzhc 17589 2 june 2023

mawazo saliboko shagi 7 others vs the director of public prosecutions 2023 tzhc 17589 2 june 2023

The High Court allowed consolidated criminal appeals, quashed convictions for conspiracy and armed robbery, and set aside sentences after rejecting inadmissible confessions.

  • Armed robbery
  • Conspiracy
  • Money laundering
  • Receiving stolen property
  • Admissibility of confessions
  • Hearsay evidence
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Criminal law MADEREKA APPLICATION1

MADEREKA APPLICATION1

The High Court lacks jurisdiction to revise proceedings of a subordinate court at the pre-committal stage, as jurisdiction is only vested upon a committal order. The application was prematurely brought and must be struck out for want of jurisdiction.

  • Jurisdiction
  • Revision of subordinate court proceedings
  • Pre-committal proceedings
  • Economic offenses
  • Money laundering
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Criminal law boniface thomas mwimbwa and another vs republic 2023 tzca 192 19 april 2023

boniface thomas mwimbwa and another vs republic 2023 tzca 192 19 april 2023

The Court of Appeal allowed a criminal appeal after finding a fatal variance between the charge and the evidence on cheques and amounts in a money-laundering case.

  • Money laundering
  • Aiding and abetting
  • Variance between charge and evidence
  • Procedural irregularities
  • Conspiracy
  • Forgery
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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.