High Court Corruption and Economic Crimes Division - 2024 August

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4 judgments

Citation	Judgment date
August 2024
Republic versus Francis Kaberia M'mutia (Economic Case No. 4 of 2023) [2024] TZHCCED 31 (30 August 2024)	30 August 2024
Director of Public Prosecutions vs John Mwaseba Mwasikili (Economic Application No.23511 of 2024) [2024] TZHCCED 29 (21 August 2024) Court granted ex-parte restraining order preventing disposal of allegedly tainted properties pending appeal under POCA and DCEA. * POCA s38(1) – ex-parte restraining orders – Director of Public Prosecutions' power to seek restraint of property of persons convicted of serious offences. * Definition of "serious offence" – trafficking in narcotic drugs qualifies under POCA s3. * DCEA s49(4) – presumption that property acquired within ten years before charge may be proceeds of crime. * POCA s39(4) – conditions for issuing restraining orders upon conviction; risk of dissipation pending appeal. * Interim directions to land registry and local government to prevent disposition of potentially tainted property.	21 August 2024
DPP vs Mohamed Issa Simon (Criminal Application No. 000021676 of 2024) [2024] TZHCCED 28 (12 August 2024) Court granted a restraining order over a house alleged to be proceeds of narcotics trafficking based on seizure and analyst reports. Proceeds of Crime Act — restraining orders (s.38(1), s.39(3)); tainted property — proceeds of narcotics trafficking; admissibility of seizure certificates and Government Chemist Analyst Report as grounds for restraint; jurisdiction of Corruption and Economic Crimes Division over DCEA/EOCCA offences.	12 August 2024
Republic vs Ramadhani Hassan Makai & 4 Others (Economic Case No. 1 of 2022) [2024] TZHCCED 33 (6 August 2024)	6 August 2024