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Tanzania decisions
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The High Court granted a temporary injunction in a land dispute, preserving the applicant’s occupation and protecting coconut trees pending determination of the main suit.
The prosecution failed to prove beyond reasonable doubt that the accused persons had knowledge of the narcotic drugs concealed in maize bags, and failed to maintain an unbroken chain of custody for the exhibits; thus, the accused are acquitted.
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The Court of Appeal quashed convictions for unlawful entry and trophy possession, finding the prosecution had not proved the appellants were arrested within the park or in joint possession.
The High Court allowed a land appeal, overturned the tribunal’s decision, and held that the respondent had not proved ownership of the disputed land.
The conviction and sentence were set aside because the prosecution failed to prove the case beyond reasonable doubt due to fatal irregularities in the admission and identification of key exhibits, unresolved contradictions in prosecution evidence regarding the disposal of the narcotic drugs, and the absence of corroborating documentary or photographic evidence after expunging improperly admitted exhibits. The oral evidence remaining was insufficient to sustain the conviction.
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Plaintiff proved purchase and possession of the suit premises through lawful public auction, supported by documentary evidence and witness testimony. Defendants failed to substantiate any claim or interfere with possession. Plaintiff is declared lawful owner and entitled to injunction; damages claim not proved.
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The accused was found in possession of bags containing heroin hydrochloride, with tags bearing her name, and signed the certificate of seizure. Chain of custody was maintained through credible oral and documentary evidence. The defence failed to raise reasonable doubt, and the prosecution proved the offence of trafficking in narcotic drugs beyond reasonable doubt.
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The Court of Appeal of Tanzania upheld a life sentence for possession of heroin, finding the appellant occupied or controlled the room where drugs were found.
Second land appeal dismissed because the appellant raised new grounds not argued before the District Tribunal. The court held such issues cannot be introduced on second appeal.
The prosecution proved beyond reasonable doubt that the accused was found in possession of 134 kilograms of cannabis sativa, a narcotic drug, with chain of custody properly maintained and expert analysis confirming the substance; the accused's defence was found to be an afterthought and not credible.
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