19961029 TZHC Dodoma

Disowning one's statement does not amount to perjury; the appellant was not given an opportunity to explain inconsistencies; conviction was based on insufficient evidence and improper procedure.

Citation: 19961029 TZHC Dodoma
Parties: Appellant: Abdallah Ramadhani Mtinda; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 October 1996
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Perjury, Procedure for Hostile Witness, False Testimony
Source Language: English

Criminal Law Perjury Procedure for Hostile Witness False Testimony

Case Brief

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Parties

Abdallah Ramadhani Mtinda

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether disowning one's statement amounts to perjury
2 Whether proper procedure was followed in declaring the appellant a hostile witness
3 Whether the conviction for perjury was sustainable based on evidence

Ratio Decidendi

Disowning one's statement does not amount to perjury; the appellant was not given an opportunity to explain inconsistencies; conviction was based on insufficient evidence and improper procedure.

Court Disposition

appeal allowed

Orders

conviction quashed
sentence set aside