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Tanzania decisions
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The applicants failed to establish that they are in the custody of the respondents; there is no sufficient proof of detention by the police. Therefore, the court cannot order their production or release under habeas corpus at this stage. However, the court directs the police to investigate the applicants' whereabouts due to the seriousness of the allegations and the state's duty to protect citizens.
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The Court of Appeal dismissed a habeas corpus appeal, holding that the appellant failed to prove he was arrested by police or held in the respondents’ custody.
The challenged provisions do not confer arbitrary powers, are not vague, and provide lawful conditions and safeguards for police action. No evidence was presented of actual abuse or violation of rights. The provisions are constitutional and do not warrant expungement.
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The plaintiff was unlawfully detained for nine days without bail or charge for an alleged offence that was not substantiated, violating statutory and constitutional rights to liberty; both the 1st and 3rd defendants are personally liable for false imprisonment.
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Election petition over Musoma Urban parliamentary results dismissed after the court found only some procedural irregularities, with no proof they affected the outcome.
The High Court allowed a criminal appeal, setting aside convictions for obtaining money by false pretences after finding the prosecution had not proved the charge.
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