19890421 TZHC Dar es Salaam

19890421 TZHC Dar es Salaam

Convictions on counts two and three quashed due to material variance between charge sheet and evidence; conviction and sentence on count five upheld as evidence matched charge and accused admitted obtaining money.

Citation
19890421 TZHC Dar es Salaam
Parties
Appellant: Abdallah Jaribu; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 April 1989
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal partly allowed
Legal Topics
False Pretences, Right to Legal Representation, Procedure for Recalling Witnesses, Variance Between Charge and Evidence
Source Language
English
Criminal Law False Pretences Right to Legal Representation Procedure for Recalling Witnesses Variance Between Charge and Evidence

Case Brief

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Parties

Abdallah Jaribu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether refusal to recall prosecution witnesses deprived accused of right to legal representation
  2. 2 Whether variance between charge sheet and evidence occasioned miscarriage of justice
  3. 3 Whether convictions on counts two, three, and five were sustainable

Ratio Decidendi

Convictions on counts two and three quashed due to material variance between charge sheet and evidence; conviction and sentence on count five upheld as evidence matched charge and accused admitted obtaining money.

Court Disposition

appeal partly allowed

Orders

  • Convictions and sentences on counts two and three quashed
  • Conviction and sentence on count five upheld