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Tanzania decisions
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Since the execution of the ward tribunal's order declaring the respondent as landowner was not completed and the appellant was not declared to have lost ownership of the trees, the criminal court lacked jurisdiction to convict for criminal trespass; the dispute over ownership was not finally resolved in a civil forum.
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It was improper for the criminal courts to proceed to finality on the charge of malicious damage to property while a land ownership dispute was pending before a competent tribunal; the criminal proceedings are a nullity.
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The prosecution proved beyond reasonable doubt that the appellants were found in unlawful possession of government trophies without a permit; all procedural and evidentiary requirements were met, and any omissions or contradictions were either immaterial or justified by law.
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The High Court held the trial court was functus officio after sentencing and had no jurisdiction to suspend the demolition order on a non-party’s request.
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