Tanzania Case Law

kabula masanja 1 another vs the republic 2023 tzhc 17418 12 mei 2023

Court

TZHC

The appellants' plea of guilty was unequivocal and met the legal requirements; there is no legal requirement for exhibits to be read aloud after a plea of guilty; the facts admitted by the appellants constituted the offence charged; therefore, the appeal is without merit and dismissed in its entirety.

Source excerpt

• Unlawful possession of government trophy
• Plea of guilty
• Appeal on conviction and sentence
• Wildlife conservation act
• Economic and organized crime control act

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geophrey jonathan kitomari vs republic 2021 tzca 17 16 february 2021

Court

TZCA

The conviction was quashed because the key documentary exhibits (certificate of seizure, valuation report, inventory) were admitted contrary to procedure and not read out in court, resulting in fatal irregularity and collapse of the prosecution case.

Source excerpt

• Unlawful possession of government trophy
• Chain of custody
• Admissibility of evidence
• Procedural irregularities
• Wildlife conservation act

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paulo kaparage vs republic 2020 tzhc 4512 17 december 2020

Court

TZHC

An accused who pleads guilty and is convicted on such plea cannot appeal against conviction, only against the legality or extent of the sentence, as per section 360(1) of the Criminal Procedure Act.

Source excerpt

• Plea of guilty
• Appeal against conviction
• Wildlife conservation act
• Criminal procedure act

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CRIMINAL APPEAL NO 502 OF 2020 CHACHA KISABO WANKYO VS THE REPUBLIC

Court

TANZLII

The trial and appellate proceedings were null and void due to incurably defective consent and certificate conferring jurisdiction; the offences were not properly cited, and there was insufficient evidence to support conviction.

Source excerpt

• Jurisdiction
• Economic offences
• Unlawful possession
• Criminal procedure
• National parks act
• Wildlife conservation act

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GAGA BUSALU ANOTHER VS REPUB LIC CRIMINAL APPEAL NO

Court

TANZLII

The consent and certificate issued by the DPP were defective for omitting to specify the offences, rendering the trial court's proceedings null for lack of jurisdiction; nullification of proceedings, quashing of judgments, and setting aside sentences is warranted, and retrial is not ordered to avoid prejudice to appellants.

Source excerpt

• Jurisdiction
• Defective consent and certificate
• Retrial
• Plea of guilty
• Wildlife conservation act
• Economic and organized crime control act

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jumanne john hamis another vs republic 2019 tzhc 46 31 october 2019

Court

TZHC

The DPP's certificate filed before the court meets all conditions for validity, including relating to a pending criminal case, thus the application for bail cannot be entertained and is dismissed.

Source excerpt

• Bail
• Validity of dpp certificate
• Wildlife conservation act
• Economic and organized crime control act

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marijani so hamis maftah vs republic 2018 tzhcced 49 29 october 2018

Court

TANZLII

The applicant is charged with a bailable offence under the EOCCA, the value of the government trophy exceeds ten million shillings, and the respondent does not object. The court has jurisdiction and bail is granted subject to statutory conditions.

Source excerpt

• Bail
• Unlawful possession of government trophies
• Jurisdiction
• Wildlife conservation act
• Economic and organised crime control act

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mustafa mohamed bakari kondo others vs republic 2018 tzhcced 45 15 october 2018

Court

TANZLII

The High Court has jurisdiction to grant bail for economic offences where the property value exceeds ten million shillings, and the offences charged are bailable. No objection was raised by the respondent, and the application is competent under the cited provisions.

Source excerpt

• Bail
• Jurisdiction
• Economic offences
• Wildlife conservation act

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20180822 TZHC Dodoma

Court

TZHC

The High Court allowed a criminal appeal, finding the charge sheet fatally defective for improper citations and inconsistent dates, and quashed the conviction.

• Defective charge sheet
• Plea of guilty
• Wildlife conservation act
• Sentencing
• Forfeiture
• Criminal-appeal

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director of public prosecutions vs yohana peter ngoira another 2015 tzca 33 13 october 2015

Court

TZCA

Unlawful possession of government trophy under section 86(1) and (2)(b) of the Wildlife Conservation Act remains an economic offence under the Economic and Organized Crimes Control Act as it is listed in the First Schedule and has not been removed by Act of Parliament; therefore, the High Court retains jurisdiction over bail applications for such offences.

Source excerpt

• Unlawful possession of government trophy
• Jurisdiction of courts
• Economic and organized crimes control act
• Wildlife conservation act

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