Tanzania Case Law

JUDGEMENT YOHANA SANGA

Court

TANZLII

The appellant was convicted for a non-existent offence as the cited statutory provisions do not create the offence of unlawful entry into a national park. On the second count, the prosecution failed to prove beyond reasonable doubt that the appellant disturbed the habitat of biological diversity, due to contradictory evidence regarding the location of the alleged offence.

Source excerpt

• Unlawful entry into national park
• Disturbing habitat of biological diversity
• Burden of proof
• Evaluation of evidence
• Interpretation of statutes

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elia so lemsumba another vs republic 2023 tzhc 23422 19 december 2023

Court

TZHC

The High Court dismissed most grounds of appeal over forest-offence convictions, upholding conviction, forfeiture, and sentence, but ordered the first appellant’s sentences to run concurrently.

• Unlawful entry into forest reserve
• Unlawful introduction of domestic animals
• Unlawful destruction of forest vegetation
• Disturbing habitat of biological diversity
• Unlawful erection of building structures
• Confiscation of property

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abdul salehe bahati saidi v the republic 2023 tzhc 23784 4 december 2023

Court

TZHC

The High Court held that the appellants’ guilty plea was not unequivocal because the trial court followed the wrong procedure, quashed the conviction, and remitted the case.

• Plea procedure
• Equivocal plea
• Unlawful introduction of domestic animals into national park
• Disturbing habitat of biological diversity
• Forfeiture of property
• Equivocal-plea

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