Tanzania Case Law

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

Read case analysis

bahame sitta another vs republic 2022 tzca 706 11 november 2022

Court

TZCA

Convictions for unlawful entry, hunting, and possession of government trophies were quashed due to non-existent offence under amended law, improper admission of trophy valuation certificate, lack of inventory, and insufficient proof of park boundaries; all convictions and sentences set aside.

Source excerpt

• Unlawful entry
• Unlawful possession of weapons
• Unlawful hunting
• Unlawful possession of government trophies
• Admissibility of evidence
• Valuation certificate

Read case analysis

dogo marwa sigana another vs republic 2021 tzca 593 21 october 2021

Court

TZCA

The trial court lacked jurisdiction to try both economic and non-economic offences under one charge sheet as the certificate issued under section 12(3) EOCCA did not confer such jurisdiction. The appellants were convicted for a non-existent offence of unlawful entry into the national park, and the prosecution failed to prove beyond reasonable doubt that the appellants were arrested within the statutory boundaries of the Serengeti National Park. The trial and appellate courts failed to properly evaluate the defence evidence. Retrial is not warranted as the interests of justice would not be ser…

Source excerpt

• Jurisdiction
• Unlawful entry
• Unlawful possession of weapons
• Unlawful possession of government trophies
• Certificate of jurisdiction
• Evaluation of evidence

Read case analysis

matongo chacha mwita vs republic 2021 tzca 386 19 august 2021

Court

TZCA

The District Court lacked jurisdiction to try both economic and non-economic offences as the certificate of transfer was wrongly issued under section 12(3) EOCCA instead of section 12(4); further, the improper admission of documentary exhibits rendered the prosecution case insufficient, and a retrial would be unjust as it would allow the prosecution to cure its case defects.

Source excerpt

• Jurisdiction
• Economic offences
• Unlawful entry
• Unlawful possession of weapons
• Unlawful hunting
• Possession of government trophies

Read case analysis

JOHN MARWA MWITA

Court

TANZLII

The proceedings and convictions were null and void ab initio due to incurable defects in the consent and certificate, which failed to cite the relevant offence section, depriving the trial court of jurisdiction; further, evidentiary and procedural defects precluded a retrial.

Source excerpt

• Jurisdiction
• Defective consent and certificate
• Unlawful entry
• Unlawful possession of weapons
• Unlawful possession of government trophy
• Nullity of proceedings

Read case analysis

MORE MARIJA

Court

TANZLII

The proceedings in the trial and first appellate courts were a nullity due to incurably defective consent and certificate, which failed to cite the relevant charging section for the third and fourth counts, depriving the courts of jurisdiction. Additionally, the offences of unlawful entry and possession of weapons were not established under the law at the material time, and the destruction of exhibits was procedurally flawed. A retrial was not ordered as it would not serve justice.

Source excerpt

• Jurisdiction
• Defective consent
• Unlawful entry
• Unlawful possession of weapons
• Unlawful possession of government trophies
• Destruction of exhibits

Read case analysis

athanasi madenga and another vs republic 2019 tzhc 2168 23 october 2019

Court

TZHC

The High Court reduced the sentences of two refugee applicants convicted of unlawful entry into a game reserve, ordering their immediate release.

• Unlawful entry
• Wildlife conservation
• Sentencing
• Refugee rights
• Criminal-law
• Wildlife-conservation

Read case analysis

barutwayo zahaki vs republic 2018 tzca 600 29 august 2018

Court

TZCA

The Court of Appeal quashed convictions after finding the interpreter was not sworn, rendering the criminal trial a nullity and leaving no admissible evidence.

• Rape
• Unlawful entry
• Fair trial
• Right to interpretation
• Judicial oaths
• Succession of magistrates

Read case analysis

alberto hassan vs republic 2007 tzhc 352 26 november 2007

Court

TZHC

The High Court allowed a criminal appeal, quashed convictions and sentences, and ordered release, finding procedural unfairness and defective charges.

• Possession of firearm
• Unlawful entry
• Procedural fairness
• Interpreter rights
• Duplicity of charges
• Criminal-appeal

Read case analysis

19850627 TZHC Dar es Salaam

Court

TZHC

The High Court allowed an appeal over a landlord’s unlawful break-in, held the tenant was entitled to damages, and reduced the award to TZS 2,000.

• Unlawful entry
• Damages for loss of property
• Tenant's rights
• Mitigation of damages
• Unlawful-entry
• Tenant-rights

Read case analysis