19730816 TZHC Dar es Salaam

19730816 TZHC Dar es Salaam

The court found the sole prosecution witness's evidence unreliable due to his intoxication, the late hour, lack of corroboration, and denial by the premises owner. No other evidence connected the accused to the offence. The accused were found to have no case to answer and were acquitted.

Citation
19730816 TZHC Dar es Salaam
Parties
Prosecution: The Republic; Accused: Ernest Pekas; Accused: Selemani Said Kakuyu; Accused: Cocacola Moses
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 August 1973
Procedural Posture
Criminal Sessions Case / Ruling on No Case to Answer Submission
Outcome
Acquittal
Legal Topics
Murder, No Case to Answer, Evidentiary Sufficiency
Source Language
English
Criminal Law Murder No Case to Answer Evidentiary Sufficiency

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Ernest Pekas

Accused

Selemani Said Kakuyu

Accused

Cocacola Moses

Accused

Procedural Posture

Criminal Sessions Case / Ruling on No Case to Answer Submission

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case against the accused to require them to make a defence

Ratio Decidendi

The court found the sole prosecution witness's evidence unreliable due to his intoxication, the late hour, lack of corroboration, and denial by the premises owner. No other evidence connected the accused to the offence. The accused were found to have no case to answer and were acquitted.

Court Disposition

Acquittal

Orders

  • The accused are acquitted.
  • Assessors are thanked and discharged.