Tanzania Case Law

Criminal Appeal No

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellants were found in possession of eight elephant tusks, the chain of custody was sufficiently established, the burden of proof was not improperly shifted, the confession was lawfully obtained and admitted, the valuation was properly conducted by a qualified wildlife officer, and failure to call additional witnesses or tender certain documents did not undermine the prosecution's case.

Source excerpt

• Unlawful possession of government trophy
• Chain of custody
• Burden of proof
• Admissibility of confession
• Valuation of wildlife trophies

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bernaldo mathias vs republic 2023 tzhc 19514 28 july 2023

Court

TZHC

The High Court allowed a criminal appeal after finding the prosecution failed to prove the value of the alleged wildlife trophies and breached procedural requirements.

• Unlawful possession of government trophy
• Standard of proof in criminal cases
• Valuation of wildlife trophies
• Procedural compliance
• Criminal-appeal
• Wildlife-law

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marwa marko manga vs the republic 2023 tzhc 18209 13 june 2023

Court

TZHC

The High Court allowed a criminal appeal involving alleged possession of government trophies, finding contradictions and doubts in the prosecution case.

• Proof beyond reasonable doubt
• Disposal of government trophies
• Inventory procedure
• Valuation of wildlife trophies
• Criminal-appeal
• Proof-beyond-reasonable-doubt

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juma kitocho mahende vs the republic 2023 tzhc 17658 31 may 2023

Court

TZHC

The High Court allowed a criminal appeal, quashed the conviction and set aside the sentence after finding doubts and procedural irregularities in the prosecution case.

• Possession of government trophy
• Disposal of exhibits
• Valuation of wildlife trophies
• Right to call witnesses
• Standard of proof
• Procedural irregularities

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mseti so daniel mseti vs republic 2022 tzhcld 1147 31 october 2022

Court

TANZLII

The High Court dismissed a criminal appeal against conviction for unlawful possession of government trophy, upholding the 20-year sentence and the confession evidence.

• Unlawful possession of government trophy
• Confession evidence
• Admissibility of evidence
• Chain of custody
• Valuation of wildlife trophies
• Unlawful-possession-government-trophy

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daniel malogo makasi others vs republic 2022 tzca 230 2 may 2022

Court

TZCA

The Court of Appeal upheld convictions for unlawful possession of government trophies, holding that credible oral evidence and Exhibit P2 sufficed despite some exhibits being excluded.

• Unlawful possession of government trophies
• Admissibility of evidence
• Valuation of wildlife trophies
• Fair trial rights
• Criminal-appeal
• Evidence-admissibility

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EMMANUEL BURA

Court

TANZLII

Prosecution proved beyond reasonable doubt that appellants were found in unlawful possession of government trophy (elephant tusks), evidence was credible, chain of custody maintained, identification and valuation properly conducted, absence of independent witnesses justified by circumstances, and no material contradictions affecting reliability.

Source excerpt

• Unlawful possession of government trophy
• Standard of proof
• Chain of custody
• Valuation of wildlife trophies
• Role of independent witnesses

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republic vs hamis juma seleman isaya 2019 tzhcced 7 8 november 2019

Court

TANZLII

The accused was apprehended in possession of government trophy (giraffe head and two legs), the chain of custody was properly maintained, and giraffe qualifies as a government trophy under the statutory definitions. The prosecution proved the case beyond reasonable doubt.

Source excerpt

• Unlawful possession of government trophy
• Chain of custody
• Valuation of wildlife trophies
• Interpretation of wildlife statutes

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