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High Court Corruption and Economic Crimes Division - 2025 March

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4 judgments
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March 2025
Republic vs Rajabu Seleman & 2 Others (Economic Case No. 31772 of 2024) [2025] TZHCCED 5 (28 March 2025)
Acquittal where chain of custody defects created reasonable doubt about seized drugs analyzed.
Criminal law – Trafficking in narcotic drugs – necessity to prove offence beyond reasonable doubt. Evidentiary chain – chain of custody for seized exhibits – importance of consistent documentation and witness accounts. Forensic evidence – Government Chemist’s report conclusive as to composition but of limited value absent an intact chain of custody. Remedy – acquittal where chain of custody defects create reasonable doubt; destruction and disposition orders for exhibits.
 28 March 2025
DPP vs Zuberi Ngale Juma Mtondoo & 8 Others (Economic Application No. 6490 of 2025) [2025] TZHCCED 3 (24 March 2025)
Court granted anonymity, confidentiality and video testimony to protect threatened prosecution witnesses.
Witness protection — Prevention of Terrorism Act s.34(3); Criminal Procedure Act s.188(1)–(2) — anonymity of witnesses, confidentiality of identifying material, testimony by video-conference, in-camera proceedings — committal procedure compliance (EOCCA s.30; GN No.267/2016 r.8).
 24 March 2025
Republic versus Ramadhani Shabani Gumbo & 214Others (Economic Application No. 33307 of 2024) [2025] TZHCCED 4 (14 March 2025)
14 March 2025
Republic vs Rajabu Seleman and Others (Economic Case No. 31772 of 2024) [2025] TZHCCED 8 (13 March 2025)
Preliminary objections based on factual disputes cannot exclude a certificate of seizure; absence of a receipt affects weight, not admissibility.
Evidence – admissibility of seizure documentation – whether absence of a separate receipt renders certificate of seizure inadmissible. Criminal procedure – preliminary objections must be pure points of law and not factual disputes (Mukisa Biscuits principle). Statutory interpretation – s.48(2)(c)(vii) DCEA permits receipt or Third Schedule observation form (certificate of seizure); absence of receipt affects weight not admissibility.
 13 March 2025