Mohamed Seif versus the Republic - No. 39 of 2015
This is an appeal case originating from Mpanda district Court where the appellant stood charged with the offences of unlawful possession of government trophies and unlawful possession of firarms.
Database of Wildlife Related Law
This is an appeal case originating from Mpanda district Court where the appellant stood charged with the offences of unlawful possession of government trophies and unlawful possession of firarms.
The Applicant was charged with unlawful possession of government trophies at Mpanda District court. He prayed for bail under section 29(4) of the Economic and Organised Crime Control Act Cap 200 RE 2002. The High Court granted the bail.
Applicants charged with the offence of unlawful possession of government trophies of which case was filed in the Resident Magistrates Court of Katave, at Mpanda. The High Court allowed the appeal and granted the bail.
The respondent one, Hamisi Koni, was charged before the district of Mpanda with the offence of unlawful possession of government trophy. Upon the accused being arraign before Mpanda district was committed for bail. While enjoying court bail, the accused absconded from appearing to the court.
The three accused were caught in possession of what was alleged to be Thompson gazelle, on the contrary the accused states that they were found with goat meat and its skin. They were arrested and taken to court.
On 15th June, 2011, the appellants were caught in Rwashagi area within SENAPA in possession of one carcass of a zebra together with one knife, one spear, one bush knife and a motor cycle. They were accused to have hunted the animal.
On 23/10/2013, the two accused persons were found in possession of one piece of lion skin at Kiroreri village within Bunda District. The accused were caught after the wildlife warden and police men that were on operation received information that there were two persons transferring government trophy and were using a motorbike.
The appellant one Mauridi Ganame was on 17/04/1997 convicted by Lindi District Court on a charge of unlawful possession of government trophies. He was subsequently sentenced to twenty five (25) years imprisonment. While the court sentenced the appellant was not in court.
The appellant Ahmad Mshamu was on 13/06/2002 convicted by Newala District Court on a charge of four counts. Among them, two were on unlawful possession of fire arms and other two counts were on unlawful possession of government trophies contrary to the law. He appealed the decision.
The appellant was stood charged with the offence of unlawful possession of government trophy c/s 170 (1) and (2) of the Wildlife Conservation Act. No. 12 of 1974 read together with para 15 of the 1st Schedule and section 59 (2) of the Economic and Organized Crimes Act No. 13 of 1992 of 1984 as amended by Act No. 3 of 1992.