Tanzania Case Law

Regent Abijan Sanga 2

Court

TANZLII

The lower courts erred by failing to resolve the ownership dispute over the land before determining the criminal charge. Without establishing lawful ownership, the charge of malicious injury to property cannot be sustained. The findings of the trial and first appellate courts are quashed and set aside, but the respondent remains acquitted as the prosecution failed to prove the charge beyond reasonable doubt.

Source excerpt

• Malicious injury to property
• Ownership dispute
• Burden of proof
• Jurisdiction of land disputes

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respicius francis vs republic 2020 tzhc 217 30 january 2020

Court

TZHC

The conviction was quashed and sentence set aside because the visual identification evidence was not watertight, the prosecution failed to call a material witness (WEO), and the photographic evidence was improperly admitted without the required certificate, resulting in failure to prove the case beyond reasonable doubt.

Source excerpt

• Malicious injury to property
• Visual identification
• Burden of proof
• Admissibility of evidence

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hashimu athumani another vs republic 2019 tzca 8 25 february 2019

Court

TZCA

The Court of Appeal held that a resident magistrate lacked jurisdiction to try combined economic and non-economic offences under a section 12(3) EOCCA certificate.

• Jurisdiction
• Malicious injury to property
• Occasioning loss to specified authority
• Certificate of transfer
• Combination of economic and non-economic offences
• Economic-crimes

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rutanjaga mathias another vs elias emmanuel 2018 tzhc 2681 23 august 2018

Court

TZHC

The District Court erred in dismissing the application for incompetence due to wrong citation of law; the correct order was to strike out the application, allowing the appellants to re-file after correcting the defect. Nullification of the entire proceedings was not warranted as the parties were heard on the preliminary objection and the finding of incompetence was proper.

Source excerpt

• Malicious injury to property
• Wrong citation of law
• Dismissal vs striking out applications
• Natural justice
• Supervisory powers of high court

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20160921 TZHC Arusha

Court

TZHC

The High Court restored a conviction for malicious injury to property, holding that circumstantial evidence from cattle footprints sufficiently linked the respondent’s cattle to the crop damage.

• Malicious injury to property
• Circumstantial evidence
• Standard of proof
• Appellate review
• Criminal-law
• Circumstantial-evidence

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lucas kawasa igusa vs sengerema sigili 2014 tzhc 2070 27 august 2014

Court

TZHC

The appeal was filed out of time as per the court record, and the appellant did not seek extension of time or utilize available legal avenues. The District Court was justified in not entertaining the appeal, but should have dismissed it rather than striking it out. The appellant's arguments regarding timely filing and delay due to awaiting judgment copy were unsupported and inconsistent with the record.

Source excerpt

• Criminal trespass
• Malicious injury to property
• Limitation of actions
• Jurisdiction

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lucas kawasa igusa vs sengerema sigili 2014 tzhc 2178 27 august 2014

Court

TZHC

The appeal to the District Court was filed out of time as per the court record, and the appellant did not seek or obtain an extension of time; therefore, the District Court was justified in not entertaining the appeal. However, the proper order for a time-barred appeal is dismissal, not striking out.

Source excerpt

• Criminal trespass
• Malicious injury to property
• Limitation of actions
• Jurisdiction
• Appeal procedure

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thobias emmanuel vs joseph ngole 2014 tzhc 2189 24 february 2014

Court

TZHC

The appellant, despite having a claim of right over the disputed land, acted beyond his entitlement by destroying not only crops and trees but also plastic pipes and irrigation infrastructure, demonstrating intent beyond a bona fide claim of right and justifying criminal liability.

Source excerpt

• Malicious injury to property
• Bona fide claim of right
• Land ownership

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20140224 TZHC Sumbawanga

Court

TZHC

The appellant, despite having a claim of right over the disputed land, acted beyond his entitlement by destroying developments and plastic pipes, constituting criminal conduct not protected by bona fide claim of right.

Source excerpt

• Malicious injury to property
• Bona fide claim of right
• Land ownership

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19900319 TZHC Tabora

Court

TZHC

The High Court upheld conviction for malicious injury to cattle but found the sentence too lenient, enhanced it to eight years’ imprisonment, and ordered refund of the fine.

• Malicious injury to property
• Sentencing
• Enhancement of sentence
• Criminal-law
• Malicious-injury-to-property
• Criminal-appeal

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