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Tanzania decisions
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Where there is a genuine dispute as to land ownership, criminal charges of trespass and destruction of property cannot be sustained until the ownership dispute is resolved in a civil forum; thus, the criminal proceedings and convictions were quashed for lack of jurisdiction.
Source excerpt
The High Court set aside a District Court criminal appeal judgment that lacked proper reasons and analysis, and ordered a rehearing before another magistrate.
The conviction was upheld as the appellant was found in possession of recently stolen property belonging to TANESCO, but the sentence was quashed because the appellant was a child under the Law of the Child Act and should not have been sentenced to imprisonment.
Source excerpt
The African Commission declared the communication inadmissible because Ethiopia was not a party to the African Charter on Human and Peoples’ Rights.
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