State files appeal against Jitesh Ladwa acquittal

Businessman Jitesh Jilantilal Ladwa discuss something with his lawyer Jeremiah Mtobesya. at the Kisutu Resident Magistrate’s Court on Wednesday June 16, 2022.

By James Magai

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By Hadija Jumanne

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Dar es Salaam. The government of Tanzania has filed an appeal at the High Court against businessman Jitesh Jayantilal Ladwa after the Kisutu Resident Magistrate's

Court dismissed the case of economic sabotage against the businessman.
The state is asking the High Court reinstate the case because they believe the businessman has a case to answer.
Jitesh was arraigned for a case of economic sabotage, accused of allegedly forging and transferring to himself the shares of his fellow shareholders in the Indian Ocean Hotels Limited Company, which owns the Golden Tulip Hotels.
However, the Kisutu Court dismissed the case after agreeing with the objections presented by Jitesh’s lawyer, Jeremiah Mtobesya that the Court did not have jurisdiction to hear the criminal case.
After the decision, the Government has decided to file an appeal at the High Court, arguing that the Kisutu Court does not have jurisdiction to issue such a verdict or to hear such objections.
Senior State Attorney, Esther Martin told Mwananchi that the Government had appealed against the court's decision to drop the charges against Jitesh with three reasons.
She claimed that they are still insisting that the Kisutu Court was wrong to give that decision because it has no authority to decide or listen to any objections from the defendant.
According to the affidavit, Jiteshi was facing 24 charges, including forgery, obtaining shares by fraud and money laundering.
The case was opened in the court for a preliminary investigation in accordance with the law, before being transferred to the High Court Division of Corruption and Economic Sabotage which has the authority to hear and decide such cases.
After the charges were read, lawyer Mtobesya who is representing Jitesh claimed that the Court had no jurisdiction to hear the criminal case. He claimed that due to the amendment of Section 4 of the Criminal Procedure Act (CAP), which took place this year, the Court does not have the authority to hear such cases.
Mtobesya claimed that in the amendment sub-section 3 was added which prevents opening of criminal proceedings with civil and administrative issues, until civil or administrative matters are completed.