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Tanzania decisions
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The applicant demonstrated genuine reasons for the delay, specifically technical issues with the Electronic Case Management System, and the respondent did not object; therefore, extension of time was granted.
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The Court of Appeal held that the subordinate court lacked jurisdiction in an economic offences case because the required consent and certificate were not formally filed and admitted.
The High Court dismissed a criminal appeal against convictions for unlawful possession of elephant tusks and a firearm, finding the evidence credible and the trial fair.
High Court criminal appeal on wildlife compounding fines: jurisdiction upheld, but the first appellant’s payment exceeded the statutory maximum and the excess was ordered refunded.
The prosecution failed to prove beyond reasonable doubt that the alleged trophies were government trophies and failed to establish the specific offence of unlawful entry into the National Park; thus, convictions and sentences cannot stand.
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The High Court dismissed an application for leave to seek judicial review after finding no specific impugned decision had been identified or attached.
The High Court has jurisdiction to grant bail as the value involved exceeds ten million shillings and DPP consent/certificate is absent; the applicants qualify for bail as the application is uncontested and no compelling reasons exist to deny bail; bail is granted subject to statutory conditions and the principle of sharing among applicants.
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The cautioned statement was recorded out of prescribed time and expunged; certificate of seizure was properly admitted; minor contradictions in identification of exhibits did not affect the case; chain of custody was established; prosecution proved the case beyond reasonable doubt; sentence imposed was correct but period already served after first conviction should be deducted.
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The Minister failed to consult relevant local authorities before declaring the Pololeti Game Controlled Area, constituting procedural impropriety and illegality under section 16(1) of the Wildlife Conservation Act. However, the impugned GN No. 421 of 2022 was impliedly repealed when the President upgraded the area to a Game Reserve via GN No. 604 of 2022, rendering the application for certiorari and prohibition academic as the challenged order no longer exists.
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Applicant is charged with bailable offences, bail is not restricted by law, and conditions under Section 36 of the Economic and Organized Crime Control Act must be complied with.
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