Daudi S/O Chacha @ Marwa versus the Republic - No. 100 of 2014

Territorial subdivision
Seat of court
Mwanza
Court jurisdiction
Date of opinion
2015
Abstract

On the material date, the appellant is alleged to be seen carrying a luggage by the patrol officer, when he was asked to stop he ran. He was chased and eventually caught, arrested and searched where he was found in possession of four pieces of dried meat. The accused denied the possession by simply stating that he was carrying a luggage of maize and that on the material date when the court order allowing destruction of the alleged dried meat was about to be tendered, he raised an objection stating that it was not wildebeest meat, it was cow’s meat. His objection was not considered. He was found guilty and sentenced to 15 years imprisonment. The appellant was dissatisfied with the trial decision and therefore appealed on the grounds inter alia, that the trial magistrate erred in law and that the case was poorly investigated. This was an appeal against the original criminal case no. 48 of 2013 of the Tarime District court, where the accused was alleged to have been caught with four pieces of dried meat of a wildebeest and therefore charged and convicted of an offence of being in possession of government trophies, namely wildebeest meat worth Tshs. 1,040,000/=. The appeal was allowed, the court quashed the decision, set aside the sentence and ordered the immediate release of the appellant from prison.

Language of document
Reference number
No. 100 of 2014
Charges
Unlawful possession of government trophies
Species
Wildebeest
Money value
TZS 1,040,000
Transnational
No
Decision
Appeal allowed, sentence set aside and order to release the appellant from prison.
Appealed
No
Penalty
-
Court cases cited
Emmanuel Saguda @Sulukuka and Another v. Republic, Criminal Appeal No. 422 B of 2013 (CA) at Tabora
Legislation cited
Economic and Organised Crime Control Act, Cap. 200 R.E. 2002
Source