Tanzania Case Law

centre for human rights and others v united republic of tanzania application no 0192018 2025 afchpr 4 5 february 2025

Court

TANZLII

The Court found that Tanzania violated the rights of persons with albinism by failing to take sufficient measures to prevent, investigate, and punish attacks, killings, and discrimination; by failing to provide adequate education and health services; and by not ensuring the best interests of children with albinism. The State’s legislative and policy measures were found insufficient, and the violations were attributable to the State due to lack of due diligence and effective remedies.

Source excerpt

• Non-discrimination
• Right to life
• Prohibition of torture
• Right to dignity
• Effective remedy
• Rights of the child

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Elphace Omondi Odumbe v

Court

TANZLII

The High Court dismissed a criminal appeal against a 30-year sentence for trafficking in narcotic drugs, holding that possession falls within the statutory definition of trafficking.

• Narcotic drugs
• Trafficking
• Criminal procedure
• Evidence
• Criminal-law
• Narcotic-drugs

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CRIMINAL APPEAL NO 11264 OF 2024

Court

TANZLII

The appeal was dismissed because the search was lawfully conducted as an emergency search, the certificate of seizure was valid despite lacking a precise address, the chain of custody was properly maintained, and the prosecution proved the charges of trafficking and unlawful possession of narcotic drugs beyond reasonable doubt. The trial magistrate properly evaluated the evidence and the appellant's complaints were unfounded.

Source excerpt

• Narcotic drugs
• Trafficking
• Unlawful possession
• Search and seizure
• Chain of custody
• Burden of proof

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watson daniel mwakasege vs republic 2023 tzhc 23280 13 december 2023

Court

TZHC

The charge was sufficiently particularized as the evidence detailed the mode of trafficking; the chain of custody was maintained through credible oral and documentary evidence; contradictions regarding the truck's registration were minor and explained; the cautioned statement was valid and contained details only the appellant could provide. The prosecution proved the case beyond reasonable doubt.

Source excerpt

• Narcotic drugs
• Trafficking
• Chain of custody
• Criminal procedure
• Evidence

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watson daniel mwakasege vs republic 2023 tzca 17996 13 december 2023

Court

TZCA

The prosecution proved beyond reasonable doubt that the appellant trafficked 147.5 Kgs of cannabis sativa; the charge was sufficiently particularized, the chain of custody was intact, contradictions in evidence were minor and explained, and the cautioned statement was valid and voluntary.

Source excerpt

• Narcotic drugs
• Trafficking
• Chain of custody
• Charge particulars
• Evidentiary contradictions
• Cautioned statement

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waziri shabani mizogi vs republic 2023 tzca 17344 16 june 2023

Court

TZCA

The Court of Appeal upheld Waziri Shabani Mizogi’s conviction for trafficking narcotic drugs, finding the prosecution proved constructive possession and a sufficient chain of custody.

• Narcotic drugs
• Trafficking
• Chain of custody
• Burden of proof
• Constructive possession
• Criminal-law

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nabibakhsh pirbakhsh bibarde another vs republic 2023 tzca 17269 19 may 2023

Court

TZCA

The Court of Appeal upheld convictions for narcotic trafficking and possession, rejecting claims of defective charges, broken chain of custody, and insufficient proof.

• Narcotic drugs
• Trafficking
• Chain of custody
• Defective charge
• Standard of proof
• Criminal-appeal

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jilala peter kidalu vs republic 2023 tzhc 17162 28 april 2023

Court

TZHC

The High Court upheld a conviction for unlawful possession of cannabis sativa, holding that trafficking under the Act includes possession and that the evidence was sufficient.

• Unlawful possession of narcotic drugs
• Trafficking
• Chain of custody
• Evidence evaluation
• Criminal-law
• Narcotic-drugs

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Shomary Idd Mwechuwa

Court

TANZLII

The prosecution failed to prove beyond reasonable doubt that the accused was in possession of and trafficked the seized drugs. There was non-compliance with statutory procedures for seizure and destruction of evidence, lack of independent witnesses, and unresolved doubts regarding the accused's connection to the drugs. The cumulative defects in evidence handling and legal procedure rendered the prosecution's case unproven.

Source excerpt

• Narcotic drugs
• Trafficking
• Evidence
• Criminal procedure

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ECONOMIC CASE NO 06 OF 2023 BENSON

Court

TANZLII

The prosecution failed to prove beyond reasonable doubt that the accused trafficked 155.80 kg of Catha edulis due to material contradictions in the chain of custody and irregularities in the disposal of exhibits, rendering the evidence unreliable.

Source excerpt

• Narcotic drugs
• Trafficking
• Chain of custody
• Evidence
• Acquittal
• Confiscation of property

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