Peter Mashauri v. R., Crim. App. 292-A-67, 22/1/68, Seaton J.

Peter Mashauri v. R., Crim. App. 292-A-67, 22/1/68, Seaton J.

Accused admitted cutting and damaging trees in Pare District without lawful authority. The issue was whether he had violated the Forests Ordinance (Capl 389), sections 18(1) and 26(1).

            Held: (1) G.N. 73 of 1959 declared the prohibition of cutting trees of the type cut by accused to be “in respect of all unreserved land in the Tanga Province.” Since the administrative reorganization of 1963, it would seem that Pare district is not within the Tanga Region. (Citing Cap. 461 and G.N. 450 of 1963.) (2) There was no investigation by the magistrate of the accused ’s assertion that the trees were in fact on his own land, and therefore not on “unreserved” land. For this reason alone, the conviction could not stand. Conviction quashed.