The appellant was found in possession of 71 pieces of elephant tusks and stood trial before the district court of Shinyanga as presided over by a Resident Magistrate. The appellant appealed to the High Court but the appeal was dismissed.
The case originated from Mpanda District court were the three appellants were jointly charged for the offence of unlawful possession of government trophies c/s 86(1)(2)(b)(ii) of the Wildlife Conservation Act, No.5 of 2009 read together with 14(d)of the first schedule to and section 57(1) and 60(2) of the Economic and Organized Crime Control Act
On 16 July, 2004 respondents were charged with offence of unlawfully possession of government trophies and made application for bail at Mpanda District Court and granted bail to them under the terms that they should deposit cash bond of Tsh. 6,000,000/=. The High Court allowed the appeal and quashed the decision of the trial court.
The case originated from Mpanda District Court where the appellant was charged with the offence of unlawful possession of government trophies. He was charged under ordinarily criminal case. The High Court quashed the decision, set aside the sentence and ordered to release the appellant from jail.
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 appellants were found at Serengeti National Park without any written authorization. They were also armed with bows and arrows, knives, bush knives and trapping wires. It was also alleged by the prosecution that they were found in possession of government trophies.
The appellant was sentenced by the Resident Magistrate of Shinyanga as follows; 1st Count: Entering into a game reserve. He was sentenced to custodial sentence of one year in jail. 2nd Count: Unlawful hunting in a game reserve. He was sentenced to pay a fine of Tsh. 200,000/= or one year in jail in default.