abdalah ahamadi likunja vs republic 2019 tzca 362 4 november 2019
The appellant was properly identified at the scene, corroborative evidence supported the victim's account, and there was no misapprehension of evidence by the lower courts; thus, the conviction and sentence were upheld.
- Citation
- abdalah ahamadi likunja vs republic 2019 tzca 362 4 november 2019
- Parties
- Appellant: Abdalah Ahamadi Likunja; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 4 November 2019
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Evidence, Identification, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Abdalah Ahamadi Likunja
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the appellant was properly identified as the perpetrator of the offence
- 2 Whether the trial court erred in relying on unsworn testimonies of child witnesses
- 3 Whether the prosecution proved the case beyond reasonable doubt
Ratio Decidendi
The appellant was properly identified at the scene, corroborative evidence supported the victim's account, and there was no misapprehension of evidence by the lower courts; thus, the conviction and sentence were upheld.
Court Disposition
appeal dismissed
Orders
- Conviction and sentence upheld
Full Case Text
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