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Tanzania decisions
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Neither the existence of a pending appeal nor the alleged discovery of new evidence constituted sufficient cause for delay; applicant failed to account for each day of delay; statutory and case law require strict justification for extension of time.
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The court found that the motor vehicle was used as an instrumentality in the commission of drug trafficking for which the respondents were convicted, and as such, it is tainted property liable for forfeiture to the government under the Proceeds of Crime Act.
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The High Court at Musoma ordered forfeiture of a Honda CRV used in trafficking 32.2 kilograms of cannabis, finding it was tainted property under the Proceeds of Crime Act.
The Economic Court lacked jurisdiction to enter a deemed conviction and proceed with asset forfeiture application without prior conviction; all proceedings and orders are nullified for want of jurisdiction.
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The High Court properly exercised its discretion under the Proceeds of Crime Act, meeting statutory preconditions for restraining and disposal orders, and did not err in considering restitution provisions or in applying orders to property of parties with interest but not charged.
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The High Court erred by not granting restraint orders on properties where evidence established they were instrumentalities of crime and the accused had sufficient interest. Ownership disputes and third party interests do not preclude restraint orders at this stage; such interests are addressed at forfeiture. Affidavit evidence and statutory definitions under POCA justified restraint orders.
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