Tanzania Case Law

islem shebe islem vs republic 2023 tzca 17625 18 september 2023

Court

TZCA

The appellant was properly charged under the amended DCEA, the search and seizure complied with DCEA requirements, chain of custody was intact, exhibit P2 was properly admitted, and the prosecution proved the case beyond reasonable doubt. The trial court erred in imposing a 30-year sentence; the mandatory sentence under DCEA is life imprisonment.

Source excerpt

• Drug trafficking
• Chain of custody
• Search and seizure
• Sentencing
• Constructive possession

Read case analysis

LUCY ROMANUS NDUNGURU judgmment

Court

TANZLII

The prosecution failed to prove beyond reasonable doubt that the accused had actual or constructive possession of the narcotic drugs found in her brother's room, as evidence did not establish her knowledge or control over the drugs.

Source excerpt

• Drug trafficking
• Possession of narcotic drugs
• Constructive possession
• Investigative procedure

Read case analysis

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

Read case analysis

paulo andrea mbwilande and another vs republic 2022 tzca 473 22 july 2022

Court

TZCA

The first appellant was not proved to have knowledge or control over the government trophy and thus cannot be convicted on constructive possession; the second appellant was found in actual possession and the offence was proved beyond reasonable doubt; the sentence of a fine or imprisonment was illegal and only a custodial sentence is permitted under the law.

Source excerpt

• Unlawful possession of government trophy
• Constructive possession
• Chain of custody
• Sentencing
• Witness protection

Read case analysis

solomon makuru mtenya kuhembe andothers vs kuhembe 2021 tzhc 7583 26 november 2021

Court

TZHC

The prosecution proved its case beyond reasonable doubt against the 1st, 2nd, and 3rd appellants through consistent evidence, constructive and actual possession, and corroborated confession statements. The chain of custody was maintained for non-easily altered items. The conviction of the 4th appellant was not supported by evidence due to variance in dates and insufficient linkage to the offence.

Source excerpt

• Organised crime
• Unlawful dealing in trophies
• Unlawful possession of government trophies
• Chain of custody
• Admissibility of evidence
• Confession statements

Read case analysis

ashiraka nahamala milias vs republic 2021 tzca 238 8 june 2021

Court

TZCA

The Court of Appeal upheld the conviction for housebreaking and stealing, finding constructive possession and recent possession proved, while expunging an invalid seizure certificate.

• Housebreaking
• Stealing
• Doctrine of recent possession
• Constructive possession
• Proof of ownership
• Procedural compliance

Read case analysis

yanga omari yanga vs republic 2021 tzca 220 1 june 2021

Court

TZCA

The appellant was found in possession of narcotic drugs at his house, with both constructive and actual knowledge established. Chain of custody was intact and documented. Search and seizure complied with statutory requirements. The sentence of thirty years was proper under the Economic and Organised Crime Control Act, which supersedes the higher penalty under the Drugs Act when both statutes are invoked.

Source excerpt

• Trafficking in narcotic drugs
• Chain of custody
• Constructive possession
• Admissibility of evidence
• Sentencing

Read case analysis

CR

Court

TANZLII

The prosecution proved the case beyond reasonable doubt through evidence establishing constructive possession, corroborated by confessional statements and oral accounts. Chain of custody was sufficiently maintained, and alleged defects in charge, search, and seizure did not prejudice the appellants. The retracted cautioned statement was properly admitted and corroborated.

Source excerpt

• Trafficking in narcotic drugs
• Constructive possession
• Chain of custody
• Admissibility of evidence
• Burden of proof

Read case analysis

CRIMINAL APPEAL 175 OF 2020 240320 083412

Court

TANZLII

The prosecution failed to prove beyond reasonable doubt that the appellant had knowledge and control over the ammunition found in his house, given that he was not the sole occupant and there was no evidence linking him specifically to the contraband. Mere ownership or headship of the household does not establish constructive possession in these circumstances.

Source excerpt

• Unlawful possession of ammunition
• Constructive possession
• Standard of proof
• Appeals process

Read case analysis

oleyetuyetu oshumu laizer others vs republic 2018 tzhc 2246 30 october 2018

Court

TZHC

The prosecution failed to prove the charge beyond reasonable doubt due to illegal admission of caution statements, lack of proper chain of custody, and absence of evidence linking appellants to constructive possession of the government trophy.

Source excerpt

• Unlawful possession of government trophy
• Chain of custody
• Admissibility of evidence
• Constructive possession

Read case analysis