Tanzania Case Law

Judgment Patrice Odongo V R

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant, as supervisor, stole the specified amounts from the businesses, corroborated by his own admissions and documentary evidence. The variance between the charge and evidence was immaterial and did not prejudice the appellant. The forfeiture order was lawfully made as the properties were proceeds of crime.

Source excerpt

• Stealing
• Forfeiture of property
• Criminal procedure
• Evidence
• Variance between charge and evidence

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ephraim mwakititu 2 others vs republic 2024 tzhc 400 21 february 2024

Court

TZHC

High Court appeal from convictions for aiding illegal entry was dismissed. The court upheld the guilty pleas, sentence, and forfeiture of three vehicles.

• Aiding unlawful entry
• Forfeiture of property
• Plea of guilty
• Right to be heard
• Procedural irregularities
• Guilty-plea

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kairo kerio so nginya sammy 2024 tzhc 209 9 february 2024

Court

TZHC

The prosecution proved beyond reasonable doubt that the accused conveyed 160.35 kg of Catha edulis (khat) in a motor vehicle, maintained chain of custody, and the accused signed relevant documents, establishing possession and trafficking under section 15(1)(a) and (3)(iii) of the Drug Control Enforcement Act.

Source excerpt

• Trafficking in narcotic drugs
• Chain of custody
• Forfeiture of property
• Sentencing

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RULING OF JAYUNGA JOHN finall

Court

TANZLII

The district court's proceedings and orders in Misc. Criminal Application No. 7977 of 2024 are a nullity due to denial of the applicant's right to be heard and failure to issue summons as required by law.

Source excerpt

• Right to be heard
• Natural justice
• Forfeiture of property
• Issuance of summons
• Revision of lower court orders

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director of public prosecution dpp vs abdul majid 12 others 2023 tzhc 23673 21 december 2023

Court

TZHC

The order returning the motor vehicle to Adam Francis Kilawe was improper as he was not a party to the proceedings, and the respondents were not served with the appeal, violating their right to be heard. The High Court set aside the lower court's order and directed proper procedure for interested parties to apply regarding forfeiture.

Source excerpt

• Unlawful entry
• Forfeiture of property
• Right to be heard
• Revisionary powers

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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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oloomu kursas 3 others vs director of public prosecutions another 2023 tzhc 22491 10 november 2023

Court

TZHC

The Resident Magistrate's Court failed to follow mandatory legal procedures by not issuing public notice or providing an opportunity for the applicants to be heard before declaring the cattle unclaimed and ordering forfeiture and sale. This procedural irregularity violated the applicants' constitutional right to be heard, rendering the proceedings and orders a nullity.

Source excerpt

• Forfeiture of property
• Right to be heard
• Procedural fairness
• Public auction of unclaimed property
• Natural justice

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Soli Leleshi Njimili Soli Leleshi vs Director of Public Prosecution

Court

TANZLII

The trial court's application was incompetent for combining unrelated prayers for restraint and disposal of property (omnibus application), and there was no pending main suit to justify the disposal order. The applicant's right to be heard was violated. The trial court's order was tainted with illegality and irregularity and is quashed.

Source excerpt

• Omnibus applications
• Right to be heard
• Forfeiture of property
• Restraint orders
• Natural justice

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kayo donyo shangalima vs director of public prosecutions 2023 tzhc 21861 17 october 2023

Court

TZHC

The lower court lawfully exercised its discretionary powers under Section 47(5) of the Police Force and Auxiliary Services Act to order the auction of the cattle without the six-month notice, due to the risk of starvation and lack of grazing area. The applicant is entitled to the proceeds of the auction upon compliance with the lower court's order.

Source excerpt

• Forfeiture of property
• Auction of seized assets
• Procedural compliance
• Discretionary judicial powers

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the director of public prosecutions 2023 tzhc 19915 7 august 2023

Court

TZHC

The High Court at Musoma ordered forfeiture of a Honda CRV used in trafficking 32.2 kilograms of cannabis, finding it was tainted property under the Proceeds of Crime Act.

• Proceeds of crime
• Forfeiture of property
• Narcotics trafficking
• Asset-forfeiture
• Proceeds-of-crime
• Narcotics-trafficking

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