Nature of the Application
3.
The Applicant filed the Application on the basis of Criminal
Cases
Nos.
1029/2007,
915/2007,
931/2007,
883/2008, 712/2009 and
933/2007,
1027/2007,
716/2009 that were on-
going against him in the District Court of Arusha ("hereinafter
referred to as the Criminal Cases") alleging that he was unlawfully
arrested, interrogated, detained, charged and imprisoned contrary
to Sections 13(1)(a) and (b), 3(a), (b) and (c), 32(1), (2) and (3),
33,
38 (1 ), (2) and (3), 50 (1) and
52(1 ), (2) and (3) of the
Criminal Procedure Act, Chapter 20 of the Laws of Tanzania,
Revised Edition 2002 ("hereinafter referred to as the Criminal
Procedure Act"). The Applicant alleges that his arrest, detention,
charging and imprisonment in connection with the Criminal Cases
were unlawful and therefore violated his right under Article 15(1)
and (2) (a) of the Constitution of the United Republic of Tanzania,
to freedom, as well as the guarantee that such freedom shall only
be deprived under circumstances, and in accordance, with
procedures prescribed by law. The Applicant also alleges that the
seizure of his property, allegedly in connection with the Criminal
Cases, is in contravention of his right to property as set out in
Article 24(1) and (2) of the Constitution of the United Republic of
Tanzania, and therefore unlawful.
4.
The Applicant also alleges that the Police of the United
Republic of Tanzania contravened the procedure for the search
and seizure of property as set out in the Criminal Procedure Act in
relation to his property. The Applicant alleges the violation of his
right to own property, of the protection of his property held in
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