The Appellant lost his first appeal in the High Court. The
trial court acquitted the Respondents on a charge of unlawful possession of
forest produce contrary to section 88 of the Forest Act, No. 14 of 2002 read
together with Regulations 10 and 57 of the Forest Regulations of 2004 (G.N. No.
153 of 2004), and read together with the Forest (the Importation of Forest
Produce) Regulations of 2007 (G.N. No. 181 of 2007).
The initial charging provisions were section 88 of the Act and
Regulations 10 and 57 of the G.N. No. 153 of 2004. The G.N. No. 181 of 2007 was
not part of the charging provision in the initial charge sheet. It was added
after the prosecution requested for amendment of the charge sheet. The charge
sheet alleged that on 31st May, 2013 at Tuleane Village in
Mtambaswala area within Nanyumbu District in Mtwara Region, the Respondents
were found in possession of 5,200 pieces of timber valued at Tanzania shillings
One Sixty-Six Million Four Hundred Thousands (TZS 166,400,000.00) only without
a licence issued by the Director of Forestry.
The trial court found only the 2nd Respondent to be
in possession of the timber and exonerated the 1st, 3rd
and 4th Respondents from being either in actual or constructive
possession. Aggrieved with the findings of the trial court, the Appellant unsuccessfully
appealed to the High Court of Tanzania at Mtwara. Undaunted with the dismissal
of appeal, the Appellant preferred this second appeal.